COURT ALLOWS INTERVENTION OF “TOLLING SUB-CLASS” IN RESPA CLASS ACTIONS REGARDING PMI REINSURANCE
We have previously reported on a case styled Munoz v. PHH Corp., No. 1:08-CV-0759 (E.D. Cal.), and other similar suits alleging putative class actions under the Real Estate Settlement Procedures Act (“RESPA”), arising from purported “sham” reinsurance transfers covering private mortgage insurance. In Munoz, where a class of consumers was certified, an intervening plaintiff sought intervention in order to certify a sub-class of consumers whose claims would be time-barred under the statute of limitations, but who sought to create a “tolling sub-class” of similarly situated claimants. The court granted the motion for intervention, and the defendants sought reconsideration. Finding the prior order not “clearly erroneous or contrary to law,” the court denied the motion for reconsideration. Munoz v. PHH Corp., No. 1:08-CV-0759 (USDC E.D. Cal. Oct. 29, 2013)
This post written by John Pitblado.
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