NAILTA has filed an amicus curiae brief in support of the Plaintiff in the Carter v. Welles Bowen Realty, Inc., et al. case currently pending in the U.S. Sixth Circuit Court of Appeals in Cincinnati, OH. Click for more details.
NAILTA, along with the National Consumer Law Center, has joined with HUD and the plaintiffs in the Carter v. Welles Bowen Realty, Inc., et al. case currently pending in the U.S. Sixth Circuit Court of Appeals in Cincinnati, Ohio, to seek reversal of the District Court’s holding that HUD’s 1996-2 Policy Statement was unconstitutional or void for vagueness.
A copy of the amicus can be found by clicking on the link below.
http://www.scribd.com/full/46813000?access_key=key-54yscw66jovbevlwtpv
NAILTA was the only land title association to participate in the amicus in support of HUD’s efforts to enforce RESPA against alleged sham affiliated business arrangements. This marks the second time in two years that NAILTA was the only land title association to have its voice heard on important RESPA litigation and enforcement issues. The other occasion was the Edwards v. First American Title Insurance Company, et al. case in the U.S. Ninth Circuit Court of Appeals. In Edwards, the Ninth Circuit sided with NAILTA and the plaintiff in holding that a class action lawsuit against First American could be certified under RESPA. Edwards is currently on appeal to the United States Supreme Court.
Stay tuned for more updates on these important cases.