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Limiting Federal Claims Against Title Insurers

By Stewart E. Sterk

Title insurance is a regulated business in New York. Title insurers are required to file their rates with the state insurance department, and are required to adhere to those rates. If the insurers fail to adhere to their filed rates, New York state courts have recognized the possibility of class action relief for consumers. See Piscioneri v. Commonwealth Land Title Ins. Co. (In re Coordinated Title Ins. Cases), 2 Misc. 3d 1007A. See also Good v. American Pioneer Title Ins. Co., 12 AD3d 401 (upholding denial of title insurers' motion to dismiss). But suppose overcharged consumers seek more than compensatory damages. Can they seek recovery under federal law ' the Real Estate Settlement Procedures Act (RESPA) ' which provides for both treble damages and attorneys fees? In Lang v. First American Title Insurance Co. (NYLJ 9/16/2011), the federal district court for the Western District of New York dismissed a RESPA claim brought as a class action against one New York title insurer.

RESPA Background

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