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Freeman oral arguments provide potential clarity to major RESPA dispute
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Court Report
Monday, March 12, 2012
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After years of debate, a confusing and perhaps contradictory policy statement and a split among the circuit courts, members of the real estate community will soon have an answer to a question that has plagued them for a long time — whether Section 8(b) of RESPA prohibits a real estate settlement services provider from charging an unearned fee only if the fee is divided between two or more parties. While many expect the court’s decision to be a close one, and no one can predict how the court will rule, industry members agreed that some interesting topics came out of the oral arguments and that no matter what, the industry will receive clarity from the court’s decision.
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