United States Eighth Circuit

Under the Real Estate Settlement Procedures Act (RESPA), mortgage servicers are allowed to charge a fee for information provided in response to qualified written requests. Dismissal, for failure to state a claim, of a class action brought by plaintiffs on their behalf and that of other homeowners whose mortgages are serviced by defendant is affirmed where RESPA did not prohibit defendant from requesting a fee for information regarding loan payouts, and an issue regarding the reasonableness of the fees had not been properly raised.

Appellate Information

• Decided 08/04/2006
• Published 08/04/2006

Judges

• ARNOLD, Circuit Judge., Before ARNOLD and COLLOTON, Circuit Judges, and BOGUE, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Counsel who presented argument on behalf of the appellants was Eric N. Roberson of Dallas, TX. Robert L. Depper, Jr., of El Dorado, AR submitted appellants' brief.


• For Appellees:
  
• Counsel who presented argument on behalf of the appellee was Andrew J. Soven of Philadelphia, PA. Also appearing on appellee's brief were Aimee L. Kahan of Philadelphia, PA, and Lyn P. Pruit of Little Rock, AR.