Agent

Settlement services referral dodges RESPA bullet

Law of the Land

Sean McCullough bought a home using federally related mortgage services provided by Howard Hanna Co. McCullough alleged that he was told by Hanna that "we use" a particular settlement services and title insurance provider, and that this provider's name and information was preprinted onto the purchase agreement form Hanna provided to McCullough to sign. All told, McCullough paid the provider $1,000 for various settlement services and an owner's title insurance policy. Hanna had a business relationship with this provider. McCullough filed a complaint, claiming that Hanna required him and similarly situated buyer/borrowers to use this provider, and that Hanna benefited financially from requiring its clients to use this provider, in violation of the Real Estate Settlement Procedures Act (RESPA), 12 U.S.C. ยงยง2601 et seq. Specifically, McCullough claimed that Hanna violated RESPA by: "(1) requiring the use of Barristers; (2) providing kickbacks or anything of ...