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Premium Payments Could Violate RESPA’s Prohibition on Kickbacks

Friday, June 21, 2019   (0 Comments)
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3rd Circuit: Each premium payment could violate RESPA’s prohibition on kickbacks

 

On June 19, the U.S. Court of Appeals for the 3rd Circuit affirmed the dismissal of a RESPA class action against a national bank. The appellate court rejected the bank’s argument that RESPA’s statute of limitations runs only from the mortgage closing, not from each later premium payment, holding that under RESPA the limitations period accrues separately for each kickback, stating “[s]o a party violates the Act anew each time it takes the discrete act of giving or receiving a kickback under an agreement to make referrals.”

 

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