Supreme Court Dismisses Writ of Certiorari in RESPA Case

Posted on July 7th, 2012 in Courts, Mortgages By BuckleySandler

On June 28, the U.S. Supreme Court dismissed a writ of certiorari and permitted a plaintiff’s putative suit against a title insurance company under the Real Estate Settlement Procedures Act’s (RESPA) anti-kickback provisions to proceed. First Am. Fin. Corp. v. Edwards, No. 10-708, 2012 WL 2427807 (U.S. June 28, 2012). After purchasing title insurance at a rate approved by the Ohio Title Insurance Rating Bureau, plaintiff alleged that her title insurance company paid a “kickback” to receive referrals for title insurance. The plaintiff sued her title insurance company under RESPA’s anti-kickback provisions. The district court denied the defendant’s motion to dismiss, and the Ninth Circuit affirmed. The Supreme Court granted the writ of certiorari and heard oral arguments on November 28, 2011 but declined to issue an opinion, stating that the writ was “improvidently granted.”