Consumer Bureau Action Tracker

CFPB v. Borders & Borders, PLC; Harry Borders; John Borders, Jr.; and J. David Borders


State

Kentucky

target

Borders & Borders, PLC; Harry Borders; John Borders, Jr.; and J. David Borders

Topics

Enforcement, Mortgages

In October 2013, the CFPB sued Borders & Borders, a law firm, for allegedly “violating federal real estate law by paying local real estate and mortgage companies to send business its way.” Between 2006 and 2009 the law firm is purported to have had “nine title companies that collected fees from borrowers for title and settlement services, then split profits with referring agents and brokers.” The title companies had no office space and were run by a single law firm employee.

  • The CFPB sued Borders & Borders, a Louisville law firm, for allegedly “violating federal real estate law by paying local real estate and mortgage companies to send business its way.” Between 2006 and 2009, the law firm allegedly had “nine title companies that collected fees from borrowers for title and settlement services, then split profits with referring agents and brokers.” The nine title companies allegedly had no office space and were run by a single law firm employee. The suit alleges that Borders & Borders violated the Real Estate Settlement Procedures Act and the CFPB claimed that the nine companies “did not perform substantive title work” but rather that the law firm staff “conducted title searches, reviewed eligibility for title insurance, resolved problems to proceed with clear title and conducted the closing.” [Jere Downs, “US sues KY. law firm over real estate business deals,” The Courier-Journal, 10/25/13]
  • The CFPB’s lawsuit “seeks a refund of any illegal profits, with interest.” As of February 2017, the case was ongoing. [Jere Downs, “US sues KY. law firm over real estate business deals,” The Courier-Journal, 10/25/13 and Enforcement Actions, “Borders & Borders, PLC; Harry Borders; John Borders, Jr.; and J. David Borders,” Consumer Financial Protection Bureau, accessed 2/17/17]

Status

Open


3:13CV-1047-H 10/24/2013 10/24/2013

CFPB Files Suit Against Borders & Borders, PLC for Playing Illegal Real Estate Kickbacks
http://www.consumerfinance.gov/policy-compliance/enforcement/actions/borders-and-borders-plc-harry-borders-john-borders-jr-j-david-borders/

  • Consumer Financial Protection Bureau (CFPB)
  • Federal district court case
  • U.S. District Court Western District of Kentucky Louisville Division
  • Nonbank
  • Pending
  • Not Available

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