Martinez vs. Wells Fargo Home Mortgage, Inc. (9th Cir., 2010)

Plaintiffs, mortgagees, sued Defendants, mortgage lenders, under Section 8(b) of the Real Estate Settlement Procedures Act (“RESPA”), 12 U.S.C. § 2607(b), and California’s Unfair Competition Law (“UCL”), California Business & Professions Code §§ 17200, et seq., but their case was dismissed. The Ninth Circuit Court of Appeals affirmed, holding that Section 8(b) of RESPA prohibits “unearned fees”, but does not apply to “overcharging” for services actually performed. The court also held, federal National Bank Act preempts plaintiff’s claims that bank violated UCL.
Robin Mashal
Los Angeles, California
Commercial Litigation
(310) 286-2000

I am a litigation lawyer, licensed to practice law in the State of California. You can reach me by phone at (310) 286-2000.