Cunningham v. M&T Bank Corp., No. 15-1412 (3d Cir. 2016)
Annotate this CasePlaintiffs obtained residential mortgage loans from M&T to finance the purchase of their homes and, because the loans exceeded 80% of the value of the residences, agreed to pay for private mortgage insurance. As is customary, M&T selected the insurers who, in turn, reinsured the insurance policy with M&T Reinsurance, M&T’s captive reinsurer. Beginning in 2011, counsel sent letters to Plaintiffs advising that they were investigating claims concerning M&T’s captive mortgage reinsurance. Plaintiffs agreed to be part of a lawsuit against M&T and filed a putative class action complaint alleging violations of the anti-kickback and anti-fee-splitting provisions of the Real Estate Settlement Procedures Act (RESPA), 12 U.S.C. 2607, and unjust enrichment. After discovery, the court granted M&T summary judgment, finding the claims time-barred and that Plaintiffs could not equitably toll the limitations period because none of them had exercised reasonable diligence in investigating any potential claims under RESPA. The Third Circuit affirmed, noting that the one-year statute of limitations runs “from the date of the occurrence of the violation,”
The court issued a subsequent related opinion or order on February 24, 2016.
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