O'Sullivan v. Countrywide Home Loans, Inc.
Court of Appeals for the Fifth Circuit
1Opinion of the Court
JERRY E. SMITH, Circuit Judge:
In these consolidated appeals, each district court certified a class of plaintiffs who paid mortgage preparation fees to law firms selected by defendant Countrywide Home Loans, Inc. (“Countrywide”), a mortgage broker. Plaintiffs allege that Countrywide accepted kickbacks from the law firms in violation of the Real Estate Settlement Procedures Act (“RESPA”), 12 U.S.C. § 2607(a)-(b), and violated the Texas Unauthorized Practice of Law (“UPL”) Statute, Tex. Gov’t Code §§ 83.001-83.006. Because we conclude that both district courts improperly certified the classes,…
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