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Editor's Note :

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Freeman v. Quicken Loans Inc.

Docket No. Op. Below Argument Opinion Vote Author Term
10-1042 5th Cir. Feb 21, 2012
Tr.Aud.
May 24, 2012 9-0 Scalia OT 2011
 
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Disclosure: Goldstein & Russell, P.C. serves as counsel to the petitioners in this case.

Holding: To establish a violation of 12 U.S.C. § 2607(b) – which provides that “[n]o person shall give and no person shall accept any portion, split, or percentage of any charge made or received for the rendering of a real estate settlement service . . . other than for services actually performed” – a plaintiff must demonstrate that a charge for settlement services was divided between two or more persons.

Plain English Summary: Unearned fees – fees for which lenders provide no services – violate federal law only if the fees are split between two companies. This may seem strange, but the Court said that the law Congress passed was only about fee splitting. To control the level of fees that a single bank charges, Congress would have to be more specific.

Judgment: Affirmed, 9-0, in an opinion by Justice Scalia on May 24, 2012.

SCOTUSblog Coverage

CVSG Information

Invited: May 16, 2011

Filed: August 25, 2011 (Grant)

Briefs and Documents

Merits Briefs for the Petitioners Amicus Briefs in Support of Petitioners Merits Briefs for the Respondent Amicus Briefs in Support of the Respondent

Certiorari-stage documents

Term Snapshot
Awards