Friedman v. Market St. Mortgage, 11th Cir. Mar. 20, 2008
05-13820 Friedman v. Market St. Mortgage
Before TJOFLAT, FAY and SILER1, Circuit Judges. TJOFLAT, Circuit Judge:
TJOFLAT, Circuit Judge: In this appeal, Market Street Mortgage Corporation (“Market Street”) contends that the district court erred in certifying a class of persons represented by Edward and Lori Friedman, in which the stated common question of law is whether Market Street violated subsection 8(b) of the Real Estate Settlement Procedures Act of 1974 (“RESPA”), codified at 12 U.S.C. § 2607(b), by requiring loan borrowers to pay an escrow waiver fee for which Market Street had performed no services. Because we find that this class certification order violated the law of the case and because we also hold that subsection 8(b) does not apply to settlement fees that are alleged to be excessive, we reverse the district court’s certification order and remand the case with instructions to dismiss the Friedmans’ complaint with prejudice. … Friedman v. Market St. Mortgage.
- Honorable Eugene E. Siler, Jr., Senior United States Circuit Judge for the Sixth Circuit, sitting by designation. [↩]
