Superiority of RESPA lawsuit as Class: Class Certified Recommendation.

   In a preview of the factors involved in certifying a class action of insurance-related issues, particularly in a Federal case, a U.S. Magistrate-Judge carefully considered the record  of an action filed for alleged violations of the Real Estate Settlement Procedures Act, or "RESPA." She concluded among other things that a class action is a superior vehicle for resolving the issues in this litigation:

  Class adjudication would be the superior method for resolving the claims at issue here....

CONCLUSION AND RECOMMENDATIONS

Having carefully considered the parties' submissions and the entire record in this case, the Court recommends Plaintiffs' Motion for Class Certification be GRANTED IN PART AND DENIED IN PART.

The Court RECOMMENDS the following class be certified:

All persons who obtained residential mortgage loans originated and/or acquired by PHH and/or its affiliates on or after June 2, 2007, and, in connection therewith, purchased private mortgage insurance and whose loans were included within PHH's captive mortgage reinsurance arrangements (the “Class”).

Munoz v. PHH Corp., 2013 WL 2146925 *26 (E.D. Cal. May 15, 2013)(McAuliffe, USMJ).  All of the factors commonly considered by Courts in weighing class action status, particularly in insurance cases, are examined here and on Insurance Claims and Issues Blog.  In tomorrow's post there, the factor of "superiority" will be considered as it has been applied by the Courts in insurance cases, along with the Federal Class Action Certification Act or "CAFA".

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