District Court Allows Class Action on Captive Reinsurance to Proceed Against Lender, MIs
April 18, 2013
A major mortgage lender and four private mortgage insurance companies all co-defendants in a class-action lawsuit over captive reinsurance failed to convince a federal court that the case should be thrown out because the charges were brought well after the timeframe allowed under the Real Estate Settlement Procedures Act. Instead, the U.S. District Court for the Eastern District of Pennsylvania ruled that the mortgage borrowers should have the benefit of equitable tolling, which allows plaintiffs to bring cases beyond the normal limits of the law if the defendant actively misled them or the plaintiff was prevented in some extraordinary way from asserting his rights in a timely manner. RESPA generally requires...