Moore v. Radian Group, Inc.’s Empirical Analysis
2002
Citation profile
2 federal appellate · 1 district · 1 state decisions
Relationships
Applies 12 U.S.C. § 2601 (Real Estate Settlement Procedures Act) · 12 U.S.C. § 2603 · 12 U.S.C. § 2607 · 12 U.S.C. § 2608 · 42 U.S.C. § 3612 (§ 812 of the Fair Housing Act (Title VIII, Civil Rights Act of 1968))
Relies on Lujan v. Defenders of Wildlife · Warth v. Seldin · Steel Co. v. Citizens for a Better Environment · Sierra Club v. Morton · O'Shea v. Littleton
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“12 U.S.C. § 2601 . Congressional findings and purpose (a) The Congress finds that significant reforms in the real estate settlement process are needed to insure that consumers throughout the Nation are provided with greater and more timely information on the nature and costs of the settlement process and are protected from unnecessarily high settlement charges caused by certain abusive practices that have developed in some areas of the country.... (b) It is the purpose of this chapter to effect certain changes in the settlement process for residential real estate that will result ... (2) in the elimination of kickbacks or referral fees that tend to increase unnecessarily the costs of certain settlement services; 12 U.S.C. § 2607 . Prohibition against kickbacks and unearned fees (a) Business referrals. No person shall give and no person shall accept any fee, kickback, or thing of value pursuant to any agreement or understanding, oral or otherwise, that business incident to or a part of a real estate settlement service involving a federally related mortgage loan shall be referred to any person. (d) Penalties for violations; joint and several liability; treble damages; actions for injunction by Secretary and by State officials; costs and attorney fees; construction of State laws (2) Any person or persons who violate the prohibitions or limitations of this section shall be jointly and severally liable to the person or persons charged for the settlement service involved in the vio”
3 later decisions quote this exact passage · from the majority“(a) Business referrals No person shall give and no person shall accept any fee, kickback, or thing of value pursuant to any agreement or understanding, oral or otherwise, that business incident to or a part of a real estate settlement service involving a federally related mortgage loan shall be referred to any person. (b) Splitting charges No person shall give and no person shall accept any portion, split, or percentage of any charge made or received for the rendering of a real estate settlement service in connection with a transaction involving a federally related mortgage loan other than for services actually performed.”
2 later decisions quote this exact passage · from the majority“[A]ny person or persons who violate the provisions of subsection (a) shall be jointly and severally liable to the person or persons whose business has been referred in an amount equal to three times the value or amount of the fee or thing of value, and any person or persons who violate the provisions of subsection (b) shall be jointly and severally liable to the person or persons charged for the settlement services involved in an amount equal to three times the amount of the portion, split or percentage.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.