United States Ninth Circuit

Yield spread premiums, fees paid by mortgage lenders to mortgage brokers based on the difference between the interest rate at which the broker originates the loan and the market rate (par) offered by the lender, are not per se unlawful under the Real Estate Settlement Procedures Act; individual issues therefore predominate, and class certification would be improper.

Appellate Information

• Argued 03/11/2002
• Decided 06/10/2002
• Published 06/10/2002

Judges

• Before RYMER, KLEINFELD and McKEOWN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Barry G. Reed,Zimmerman Reed, P.L.L.P., Scottsdale, AZ, for the plaintiff-appellant.


• For Appellees:
  
• Alan H. Maclin, Briggs and Morgan, P.A., St. Paul, MN, for the defendant-appellee.