Mortgage Reinsurance Kickback Action to Proceed in Calif. Federal Court

  • Order

SACRAMENTO, Calif. — A California federal judge has denied cross-motions for summary judgment in a mortgage reinsurance kickback action, finding questions of fact exist as to whether PHH Mortgage Corp. and its captive reinsurer Atrium Insurance Corp violated the anti-kickback provisions of the Real Estate Settlement Procedures Act (RESPA).

Specifically, Judge Dale A. Drozd of the U.S. District Court for the Eastern District of California found there is a genuine dispute over whether Atrium provided actual reinsurance services as required by RESPA’s Safe Harbor under Section 8(c).

In June 2008, a group of individuals brought a class action against PHH …


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