United States Eleventh Circuit

In an action challenging defendant American General Financial Services’s assessment of mortgage notary fees that exceeded the statutory maximum set by OCGA section 45-17-11(b), the dismissal of the complaint is affirmed in part where 1) the district court properly dismissed the plaintiffs' private civil claim under the Georgia notary fee statute; and 2) the district court did not err by dismissing plaintiffs' fraud and "money had and received" claims as filed outside the statute of limitations. However, the order is vacated in part where defendant possessed an express and affirmative statutory duty to disclose the maximum statutory notary fee of $4.00.

Appellate Information

• Decided 12/01/2010
• Published 12/01/2010

Judges

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Court

• United States Eleventh Circuit

Counsel