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3rd Circuit Decision Holds That Captive Reinsurance Arrangements Violate Section 8(A) Of RESPA

In Alston v. Countrywide Financial Corporation, 585 F.3d. 783 (3rd Cir. 2009), the United States Court of Appeals for the 3rd Circuit held that homebuyers may pursue a class action claim that Countrywide Financial Corporation engaged in taking kickbacks in violation of Section 8(a) of the Real Estate Settlement Procedures Act (RESPA) by steering private mortgage insurance policy referrals to insurers who agreed to reinsure a portion of the policies with Countrywide's affiliate.

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Published In: Commercial Law & Contracts Updates, Finance & Banking Updates, Residential Real Estate Updates, Civil Remedies Updates, Insurance Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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