Freeman v. Quicken Loans
This case concerns a provision of the Real Estate Settlement Procedures Act that prohibits the payment or receipt of “any portion, split, or percentage” of a charge for a real estate settlement service other than for a service actually performed, 12 U.S.C. § 2607(b). The question is whether, to establish a violation of this provision a consumer must demonstrate that an unearned fee was divided between two or more settlement service providers. The government’s amicus briefs at the petition stage and at the merits stage urge the Court to defer to the longstanding interpretation of HUD (adopted by the Bureau) and hold that RESPA bars all unearned fees including fees that a single entity charges a consumer and does not divide with another settlement service provider.