2008 Survey of RESPA Developments

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"Over the past year, the U.S. Department of Housing and Urban Development ("HUD") and state insurance regulators have continued to pursue enforcement activities under the Real Estate Settlement Procedures Act ("RESPA") against settlement service providers and captive title reinsurance arrangements, even as the U.S. General Accountability Office ("GAO") was recommending legislative changes to RESPA in a report on practices in the title insurance industry. But the most significant RESPA developments resulted from litigation as courts decided cases on liability under the RESPA section 8(b) fee-splitting provisions, standing-to-sue issues, RESPA's statute of limitations, the proper measure of damages, affiliated business arrangements, and the secondary market exemption."

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