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Monday, April 15, 2024 | Back issues
Courthouse News Service Courthouse News Service

Judge Refuses to Certify Chicago Title Class Action

(CN) - Chicago Title Insurance Co. won't face a class action for allegedly overcharging customers, a federal judge in Dallas ruled.

U.S. District Judge Sidney Fitzwater denied Ceaser Hancock and Emma Benavides' request for class certification, saying the trial would have to be conducted on a case-by-case basis, to determine whether each plaintiff is entitled to a refund.

"[S]uch an exercise would require the court to conduct the type of mini-trials that defeat class certification," Fitzwater wrote.

Benavides said Chicago Title withheld a discount when she refinanced her home within seven years of her first mortgage.

Texas rules require title insurance companies to issue insurance at a discounted rate if refinancing homeowners had title insurance on their previous mortgage, as Benavides said she did.

Chicago Title argued that Benavides didn't get the reissue credit because Capital Title of Texas goofed when it "issued the policy on behalf of Chicago Title."

Chicago Title also moved to name Capital as a third-party defendant.

Fitzwater granted the motion, but refused to certify a class action.

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