First American Title Insurance Class Action Settlement

A settlement has been reached in a class action lawsuit that asserts First American Title Insurance Company and First American Financial Corporation unlawfully paid referral fees to title insurance underwriting businesses, compensating them for acquiring ownership interest in title insurance agencies.

The First American class action lawsuit claims that the First American defendants violated the Real Estate Settlement Procedures Act (RESPA) by purchasing ownership interests in title insurance agencies and obtaining agreements from the agencies to refer title insurance business exclusively to First America.

According to the First American class action lawsuit, this conduct violated RESPA’s ban on giving “any fee, kickback, or thing of value” in exchange for referrals of title insurance business in a mortgage loan transaction.

First American engaged in this scheme in order to increase the title insurance premiums it collected, and to increase its share of the title insurance market in a manner that violates federal law, the First American class action lawsuit alleges.

The 25 title agencies included in the class action settlement include:

• Accurate Title Group LLC (Cornelius, N.C.)
• Affiliated Services LLC (Crofton, Md.)
• Attorneys Title Agency LLC (Bingham Farms, Mich.)
• Backman Title Co. of Utah (Murray, Utah)
• Capital Title Ins. Agency Inc. (Crofton, Md.)
• Classic Settlements Inc. (Gaithersburg, Md.)
• Doral Title LLC (Miami, Fla.)
• Equity Land Title LLC (Fort Lauderdale, Fla.)
• Equity Title Insurance Agency Inc. (Salt Lake City, Utah)
• ET Investments LLC (Aurora, Colo.)
• Fidelity Title Abstract Co. (Cherry Hill, N.J.)
• Integrated Title Insurance Services (Los Angeles, Calif.)
• Investors Title Company (Los Angeles, Calif.)
• Island Title Corp. (Honolulu, Hawaii)
• Johnson County Title Co. Inc. (Buffalo, Wyo.)
• Kentucky Land Title Agency Inc. (Fort Mitchell, Ky.)
• McNeese Title LLC (Destin, Fla.)
• Northwest Title LLC (Bellevue, Wash.)
• Orange Coast (Santa Ana, Calif.)
• PCR Title Agency of MD/DC LLC (Crofton, Md.)
• Performance Title Agency Inc. (Cincinnati, Ohio)
• The Security First Title Affiliates Inc. (Jacksonville, Fla.)
• Trans-County Title Agency LLC (New Brunswick, N.J.)
• Title Xperts Agency Inc. (Cleveland, Ohio)
• US Title Ins. Agency LLC (Bluffdale, Utah)

The First American defendants deny the allegations but agreed to settle the class action lawsuit to avoid the expense and uncertainty of ongoing litigation.

Class Members who wish to opt out of or object to the First American settlement must do so no later than Aug. 19, 2016.

Who’s Eligible

The settlement includes two Classes:

• The Settlement Class is comprised of certain individuals who purchased title insurance from one of 25 the above-listed title agencies between June 12, 2006 and May 11, 2016; and
• The Tower City Class is comprised of certain individuals who purchased title insurance from Tower City Title Agency LLC between June 12, 2006 and Nov. 9, 2006.

NOTE: A list of the locations and relevant time frames for each of the 25 title insurance agents is available in the Frequently Asked Questions section of the settlement website.

Potential Award

$75, or two times the amount paid for title insurance.

The amount of compensation you are entitled to receive depends on which Class you belong to.

Settlement Class Members who file timely and valid Claim Forms may be eligible to receive a payment of $75 from the class action settlement.

Tower City Class Members are eligible to receive two times the amount they paid for their title insurance. For example, if you paid $1,000 for title insurance, you will receive a payment of $2,000.

Proof of Purchase

Settlement Class Members must provide proof of payment with their Claim Form. Proof of payment may include:

• A copy of the HUD-1 Settlement Statement from the transaction at issue;
• A copy of a cancelled check made payable by you to the title insurance agent for title insurance;
• A receipt from the title insurance agent for your payment of title insurance; or
• Other proof of payment.

Claimants must also assert under the penalty of perjury that all of the information they provide is true and correct to the best of their belief.

Claim Form

CLICK HERE TO FILE A CLAIM »

Claim Form Deadline

11/18/2016

NOTE: If you are a member of the Tower City Class, you do not need to submit a Claim Form in order to receive payment from the class action settlement.

Case Name

Denise P. Edwards v. The First American Corporation, et al., Case No. 2:07-cv-03796-SJO-FFM, in the U.S. District Court for the Central District of California

Final Hearing

9/19/2016

Settlement Website

www.RESPAClassActionSettlement.com

Claims Administrator

Edwards v. First American
Class Action Settlement Administrator
P.O. Box 4098
Portland, OR 97208-4098
1-844-778-5951

Class Counsel

Cyril V. Smith
William K. Meyer
D’Ann Vermilye
ZUCKERMAN SPAEDER LLP

James W. Spertus
SPERTUS LANDES & UMHOFER LLP

Defense Counsel

Ronald D. Kent
Michael J. Duvall
DENTONS US LLP