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SANTIAGO v. GMAC MORTG. GROUP, INC.

No. 03-4273.

417 F.3d 384 (2005)

Francis SANTIAGO, on behalf of himself and all others similarly situated, Appellant v. GMAC MORTGAGE GROUP, INC.; GMAC Residential Holding Corp.; GMAC Mortgage Corporation.

United States Court of Appeals, Third Circuit.

Filed August 4, 2005.

Attorney(s) appearing for the Case

Michael C. Spencer, (Argued), Milberg, Weiss, Bershad & Schulman, New York, NY, for Appellant.

Christine N. Kohl, (Argued), Michael J. Singer, United States Department of Justice, Civil Division, Washington, D.C., for Amicus—USA.

Charles L. Becker, (Argued), Robert A. Nicholas, Kevin M. Toth, Reed Smith, Philadelphia, PA, James C. Martin, Reed Smith, Pittsburgh, PA, for Appellees.

Before ROTH and CHERTOFF Circuit Judges, and IRENAS, Senior District Judge.

ROTH, Circuit Judge.

This case presents the question whether the Real Estate Settlement Procedures Act (RESPA), codified at 12 U.S.C. § 2607(b) (2004), includes a cause of action for overcharges and markups imposed on a borrower by a lender or mortgage broker for settlement services rendered in connection with a mortgage loan subject to RESPA. For the reasons that follow, we find that RESPA does not provide a cause of action for overcharges but does provide a...

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