United States Eleventh Circuit

An order certifying a class of persons represented by named plaintiffs, in which the stated common question of law was whether defendant violated subsection 8(b) of the Real Estate Settlement Procedures Act of 1974 by requiring loan borrowers to pay an escrow waiver fee for which defendant had performed no services, is vacated and remanded where: 1) the certification order violated the law of the case; and 2) subsection 8(b) is inapplicable to settlement fees that are alleged to be excessive as it is not a price control provision.

Appellate Information

• Decided 03/20/2008
• Published 03/20/2008

Judges

• TJOFLAT, Circuit Judge:, Before TJOFLAT, FAY and SILER, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellees:
  
• Cynthia G. Swann, Weiner, Brodsky, Sidman & Kider, P.C., Washington, DC, for Defendant-Appellant., Philip D. Parrish, Philip D. Parrish, P.A., South Miami, FL, for Plaintiffs-Appellees.