Garr v. Countrywide Home Loans, Inc.

STEPHEN N. LIMBAUGH, JR., Judge.

Defendant Countrywide Home Loans, Inc. [“Countrywide”] appeals summary judgment entered in favor of plaintiffs L. Joseph Garr, III and Marianne C. Garr for violation of section 443.130, RSMo 2000. Countrywide appeals in part based on the alleged unconstitutionality of section 443.130; thus, this Court has exclusive appellate jurisdiction. Mo. Const, art. V, sec. 3. The judgment is reversed.

On March 18, 2002, the Garrs, husband and wife, who resided at 1417 Marlann Drive in Des Peres, Missouri, signed a promissory note in favor of Mortgage Resources, a mortgage…