11.  Accordingly, as a matter of law, the practice of paying fees to real estate brokers  in connection with their placing home warranties with home buyers, where the payment to the  real estate agent is conditioned upon a successful transaction selling the warranty product,  is a  violation of Section 8(a) of RESPA, 12 U.S.C. § 2607(b).  It constitutes the giving of a fee for  the referral of services related to a federally related mortgage loan.  It does not matter, under  HUD's authoritative interpretation, that the home warranty provider claims that the real estate  agent performed "some" services in connection with the home warranty.  Pursuant to HUD,  where "the payments are based on the number of successful transactions," the payment violates  Section 8(a) of RESPA as a matter of law.  This is so because in such circumstances, the  payments are "made pursuant to an agreement or understanding to refer business" to Old  Republic, and "not payments for services actually performed."  12.  Jerry Lynn Barker sold a home located at 3518 York Street, Birmingham,  Alabama 35242.  The sale was financed using a federally related mortgage loan from Synovus  Mortgage Corp., and closed on May 11, 2009.     13.  In connection with the home sale, the buyers, Timothy A. Strickland and April L.  Strickland, were represented by a real estate agent from Re/Max Over the Mountain.   15.  Plaintiffs bring this action on their own behalves and on behalf of others similarly  situated as a nationwide class action pursuant to Rule 23 of the Federal Rules of Civil Procedure.   16.  The class which plaintiffs seek to represent is composed of and defined as:  All persons in the United States of America who have purchased from the  defendant a home warranty in connection with the sale or purchase of a home  financed by a federally related mortgage during the applicable statute of  limitations period, where any portion of the premium was paid to any real estate  agent involved in the transaction, where such payments were conditioned upon  the successful completion of the transaction selling the home warranty.  Excluded  from the class are the defendant, all officers, directors, employees, or agents of  the defendant, and any agency or employee of the United States government  acting in their official capacity.   7.  This case pertains to defendant's uniform, nationwide practice of charging home  warranty premiums in connection with the settlement or closing of home mortgage loans in a  manner that violates RESPA, specifically Section 8(a), which prohibits, among other things, the  giving or accepting of fees in exchange for the referral of any "service involving a federally  related mortgage loan" to "any person."     8.  Old Republic is in the business of selling home warranties under which  homeowners pay a premium (or a premium is paid on the homeowner's behalf) in exchange for  services Old Republic provides in the event that certain components of a home require repair or  replacement.   NATIONWIDE CLASS ACTION COMPLAINT  Plaintiff Karl E. Dover on behalf of himself and all others similarly situated, hereby  amends his complaint against defendant Old Republic Home Protection Co., Inc. ("defendant" or  "Old Republic") adding plaintiff Jerry Lynn Barker, on behalf of herself and all others similarly  situated as follows.   