The case of Henson v. Fidelity National Financial Inc. made waves a couple of months ago when District Judge Otis Wright decided that the phrase “for services actually performed” contained in RESPA Section 8(c)(2) refers specifically to “settlement services.”
The case is still playing out in the courts.
Most recently, plaintiff Keith Turner filed a motion to certify a class of “all persons nationwide who, in connection with a transaction involving a federally related mortgage loan in which the real estate settlement was handled by a Fidelity subsidiary, were charged an overnight delivery fee during the time when Fidelity had an agreement with FedEx, UPS or OnTrac.”
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