To class action lawyers, the much maligned Maryland title agency Genuine Title, LLC, has been a gift many times over. That one company has spawned eight class actions and two public enforcement cases. But, after four years of exhaustive litigation, the federal judge presiding over the class lawsuits has finally thrown them out.

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The damage caused by Genuine Title, LLC, a now-defunct title company from Maryland, continues unabated. A federal court in Ohio recently certified a class action against the Ohio-based Emery Federal Credit Union for that company’s alleged participation in a kickback scheme with Genuine Title. The class-certification decision is so broad in its reasoning that all real estate business should be concerned.
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The infamous marketing arrangement run by Genuine Title, LLC, a now-defunct title company from Maryland, has ended up where we all expected: in a certified class action. All the lender defendants except one settled the lawsuits against them. The lone holdout, West Town Bank & Trust, ignored a few critical defenses and learned its lesson the hard way.
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This past week, a federal court in Maryland largely rejected arguments from various lenders and real estate companies seeking to dismiss a lawsuit involving the now-defunct title agency, Genuine Title, LLC. That lawsuit continues the efforts of federal and state regulators to crackdown on entities that did business with Genuine Title. The ruling offers several teaching moments.
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