Legal Opinion
Santiago v. GMAC Mortgage Group, Inc.
Court of Appeals for the Third Circuit
Decided August 4, 2005No. 03-4273PublishedCited by 37 opinions
1Opinion of the Court
ROTH, Circuit Judge.
This case presents the question whether the Real Estate Settlement Procedures Act (RESPA), codified at 12 U.S.C. § 2607(b) (2004), includes a cause of action for overcharges and markups imposed on a borrower by a lender or mortgage broker for settlement services rendered in connection with a mortgage loan subject to RES-PA. For the reasons that follow, we find that RESPA does not provide a cause of action for overcharges but does provide a cause of action for markups.
I. Background
In June 2002, Francis Santiago filed this lawsuit, on behalf of himself and all other…
2Cases cited14 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Skidmore v. Swift & Co.Supreme Court of the United States · 1944
- United States v. Mead Corp.Supreme Court of the United States · 2001
- Food & Drug Administration v. Brown & Williamson Tobacco Corp.Supreme Court of the United States · 2000
- Morse v. Lower Merion School DistrictCourt of Appeals for the Third Circuit · 1997
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3Cited by37 opinions
- Frederico v. Home DepotCourt of Appeals for the Third Circuit · 2007
- Freeman v. Quicken Loans, Inc.Supreme Court of the United States · 2012
- Alston v. Countrywide Financial Corp.Court of Appeals for the Third Circuit · 2009
- United States v. GeiserCourt of Appeals for the Third Circuit · 2008
- Martinez v. Wells Fargo Home Mortgage, Inc.Court of Appeals for the Ninth Circuit · 2010
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