Bank's Overcharge for Courier Services Didn't Violate RESPA

摘要

A bank's overcharge for courier services in a real estate settlement did not violate the Real Estate Settlement Procedures Act (RESPA), ruled the U.S. District Court for the Western District of New York. (Thompson v. First Union National Bank of Delaware, No. 02-CV-215A, 2004 WL 1171738 (W.D.N.Y.), March 23, 2004) Thomas Thompson filed an action against First Union National Bank, claiming the bank violated RESPA by charging him a courier fee of $15, when the courier charged the bank less than that amount. Plaintiff paid this fee to a settlement agent, who forwarded the payment to the bank. The fee was disclosed on the HUD-1 settlement statement. The bank moved to dismiss, claiming that even if it overcharged the plaintiff for courier fees, the plaintiff failed to state a cause of action under RESPA. The court explained that Congress enacted RESPA to protect home buyers from abusive settlement charges, especially kickbacks, referrals, and fee splitting in connection with mortgage loans. RESPA prohibits fee splitting "other than for services actually performed." Plaintiff argued that the bank accepted a portion of a charge other than for services that it actually performed, in violation of RESPA.