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Patricia L. Clementsv.LSI Title Agency, Inc., et al.

CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.14-11636
DecidedMarch 2, 2015
Reporter779 F.3d 1269
JudgesUnited States Court of Appeals for the Eleventh Circuit; Circuit Judges William Pryor and Jordan, and District Judge Madeline Hughes Haikala of the Northern District of Alabama sitting by designation; Judge Pryor authored the opinion
Tags
CivilConsumer ProtectionCivil ProcedureStatutory InterpretationFederal JurisdictionVacaturRemand
Case Summary

Patricia Clements alleged that LSI Title Agency and related defendants violated the Real Estate Settlement Procedures Act during her mortgage refinancing by charging a $300 settlement fee for nominal services and marking up government recording charges from $40 to $125. She also asserted Georgia-law claims. The district court concluded that a closing-cost credit eliminated any injury and dismissed the amended complaint for want of Article III jurisdiction. The Eleventh Circuit held that she alleged an actual injury: she claimed that, without the fees, she would have received an additional $385 beyond the credit tied to her selected interest rate. At the pleading stage, that allegation was enough to establish standing. The court nevertheless affirmed dismissal of the federal claims for failure to state a claim. Arranging for a licensed closing attorney was a service, so the $300 fee was not alleged to have been exchanged for nothing. A markup also did not violate § 2607(b) because the statute regulates a second exchange between settlement-service providers, and LSI neither gave nor accepted a portion of the charge without performing a service. The court vacated dismissal of the state claims and remanded for a decision on supplemental jurisdiction.

Opinion

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Patricia L. Clements v. LSI Title Agency, Inc., et al. — The Atlanta Gleaner