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For Immediate Release
January 7, 2002
#02-1

E-mail: [email protected]

 

AMERICA’S COMMUNITY BANKERS PETITIONS SUPREME COURT TO OVERTURN YIELD SPREAD PREMIUM DECISION

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WASHINGTON, D.C. — America’s Community Bankers and the Mortgage Bankers Association of America have petitioned the U.S. Supreme Court to hear the Culpepper yield spread premium case and rule in favor of Irwin Mortgage Corp.

ACB and MBAA, in their amicus curiae brief supporting Irwin, asked the court to accept the case for review and overturn the judgment of the 11th Circuit Court of Appeals, which certified the case as a class action. The appeals court decision is contrary to more than 50 district court decisions.

ACB and the MBAA said the Culpepper case “creates the risk of catastrophic industry liability and threatens to eliminate from the marketplace yield spread premiums and the critically important role they play in promoting homeownership.”

Following the court of appeals decision, the Department of Housing and Urban Development issued a revised policy statement expressly rejecting each of the court’s bases for violations of the Real Estate Settlement Procedures Act.



America’s Community Bankers is the national trade association committed to shaping the future of banking by being the innovative industry leader strengthening the competitive position of community banks. To learn more about ACB, visit www.AmericasCommunityBankers.com.

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