Katin v. National Real Estate Information Services, Inc.

Order in Katin v. National Real Estate Information Services, Inc. regarding real estate settlement services


Real estate conveyancing attorneys have been battling with real estate settlement providers for years over whether the process in the practice of law. In Massachusetts it is considered the practice of law and the real estate conveyancing bar has been keeping a watchful eye on settlement services in the Commonwealth.

The latest is National Real Estate Information Services, Inc. who hired non-lawyers to conduct the settlement services or hired lawyers to simply attend real estate closings.

In this memorandum and order the federal judge refused to dismiss a G.L.c. 93A class action brought by licensed Massachusetts attorneys against out-of-state residential real estate settlement service providers.

The defendant servicing company sought dismissal on the ground that the plaintiffs lacked standing. The court denied this dismissal.

The defendant servicing company sought dismissal for failure to state a claim of tortious business interference of a Chapter 93A violation.

U.S. District Court Judge Douglas P. Woodlock allowed the dismissal motion on the claim of tortious business interference, but denied the motion on the G.L.c. 93A count.

So, the case can proceed forward.

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Reference Info:Decision | Federal, 1st Circuit, Massachusetts | United States

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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