holding that Congress did not intend to "allow a private plaintiff to sue for an alleged violation of RESPA's anti-kickback provision when the plaintiff has not alleged that the referral arrangement increased any of the settlement charges at issue or that any portion of the charge for the settlement service was involved in the kickback violation"

Summary of this case from Alexander v. Washington Mutual, Inc.

See 4 Summaries

Opinion

1:00CV01247

March 30, 2004

ORDER AND JUDGMENT

JAMES BEATY, District Judge

For the reasons stated in the Memorandum Opinion filed contemporaneously herewith, IT IS HEREBY ORDERED that Defendants' Motion to Dismiss [Document #27]

Plaintiffs' Amended Complaint with respect to Plaintiffs' attempt to add Joseph and Verda Adams to this cause of action is DENIED and that Plaintiff's Verda and Joseph Adams were properly added as Plaintiffs to this action.

IT IS FURTHER ORDERED that Defendants' Motion to Dismiss [Document #27] is GRANTED with respect to all Plaintiffs for lack of standing and that Plaintiff's Mullinax, Pike, and Joseph and Verda Adams' claims are hereby DISMISSED.

Summaries of

Mullinax v. Radian Guaranty Inc.

United States District Court, M.D. North Carolina

Mar 30, 2004

1:00CV01247 (M.D.N.C. Mar. 30, 2004)

Summary of this case from Alexander v. Washington Mutual, Inc.

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dismissing for lack of standing a RESPA claim without a contestable overcharge

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dismissing borrowers' RESPA claims for lack of standing and failure to plead details of purported kickback scheme with sufficient particularity

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