Legal Opinion

Eddie Watt v. GMAC Mortgage Corp.

Court of Appeals for the Eighth Circuit

Decided August 4, 2006No. 05-3707PublishedCited by 17 opinions

1Opinion of the Court

ARNOLD, Circuit Judge.

Eddie and Susan Watt brought this class action on behalf of themselves and other homeowners whose mortgages are serviced by GMAC Mortgage Corporation. The Watts claimed that GMAC violated the Real Estate Settlement Procedures Act (RESPA), see 12 U.S.C. §§ 2601-2617, by charging a $20 fee each time the plaintiffs requested their payoff amount from GMAC’s website. The Watts also alleged that GMAC breached its contract with the plaintiffs.

GMAC filed a motion to dismiss for failure to state a claim upon which relief could be granted, see Fed.R.Civ.P. 12(b)(6), and the…

2Cases cited5 opinions

  1. Herman & MacLean v. HuddlestonSupreme Court of the United States · 1983
  2. Securities & Exchange Commission v. C. M. Joiner Leasing Corp.Supreme Court of the United States · 1943
  3. Jama v. Immigration and Customs EnforcementSupreme Court of the United States · 2005
  4. Keyse G. Jama v. Immigration and Naturalization ServiceCourt of Appeals for the Eighth Circuit · 2003
  5. Von Kerssenbrock-Praschma v. SaundersCourt of Appeals for the Eighth Circuit · 1997

3Cited by17 opinions

  1. Berneike v. CitiMortgage, Inc.Court of Appeals for the Tenth Circuit · 2013
  2. United States v. Willie JohnsonCourt of Appeals for the Eighth Circuit · 2013
  3. Radiance Capital Receivables Eighteen, LLC v. ConcannonCourt of Appeals for the Eighth Circuit · 2019
  4. Zortman v. J.C. Christensen & Associates, Inc.District Court, D. Minnesota · 2011
  5. In re Betteroads Asphalt, LLCUnited States Bankruptcy Court, D. Puerto Rico · 2018

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