United States Ninth Circuit
Martinez v. Wells Fargo Home Mortgage, Inc., 07-17277
In an action under Section 8(b) of the Real Estate Settlement Procedures Act (RESPA), and California's Unfair Competition Law (UCL), claiming that a mortgage lender charged plaintiffs an illegal underwriting fee, dismissal of the complaint is affirmed where: 1) the clear and unambiguous language of RESPA Section 8(b) did not reach the practice of "overcharging"; and 2) the UCL claims alleging "unfair" and "fraudulent" conduct were preempted by the National Bank Act, and the allegations of "illegal" conduct failed to state a claim.
Appellate Information
- Decided 03/09/2010
- Published 03/09/2010
Judges
Court
- United States Ninth Circuit