First American Title obtains dismissal in putative class action involving mortgage closing fees

Client(s) First American Financial Corporation

Jones Day represented First American Title in a putative class action alleging that Texas law proscribes certain fees charged in connection with mortgage closings. In particular, the complaint alleged that escrow fees that are charged separately from the title policy premium, and that are collected in every residential real estate transaction, violate applicable state law. The case further alleged that First American Title overcharges for recording fees without refunding the overage. On behalf of First American Title, Jones Day filed dispositive motions, arguing that the class representative lacks standing to pursue the claims, and that the claims fail as a matter of law. On July 24, 2013, the case was dismissed in its entirety.

Aymett v. First Am. Title Co., Case No. 3:13-cv-1872 (N.D. Tex.)