Legal Opinion
Molosky v. Washington Mutual, Inc.
Court of Appeals for the Sixth Circuit
Decided December 22, 2011No. 08-1416PublishedCited by 22 opinions
1Opinion of the Court
OPINION
ROGERS, Circuit Judge.
When Donald and Elizabeth Molosky paid off their home mortgage early, they were charged a $30 “payoff statement fee” and a $14 “recording fee” in connection with the prepayment. They sued in federal court challenging the imposition of these fees as violations of the mortgage contract, of various Michigan laws, and of the federal Real Estate Settlement Procedures Act (RESPA). The district court dismissed the suit in its entirety on the grounds that all of the state-law claims were preempted by the federal Home Owners’ Loan Act (HOLA), and that the allegations…
2Cases cited21 opinions
- Bowen v. Georgetown University HospitalSupreme Court of the United States · 1988
- Fidelity Federal Savings & Loan Ass'n v. De La CuestaSupreme Court of the United States · 1982
- American Airlines, Inc. v. WolensSupreme Court of the United States · 1995
- United States v. LockeSupreme Court of the United States · 2000
- Cohen v. JP Morgan Chase & Co.Court of Appeals for the Second Circuit · 2007
16 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Arnett v. Bank of AmericaDistrict Court, D. Oregon · 2012
- Mellon v. Regional Trustee Services Corp.Court of Appeals of Washington · 2014
- Consumer Financial Protection Bureau v. ITT Educational Services, Inc.District Court, S.D. Indiana · 2015
- Akopyan v. Wells Fargo Home Mortgage, Inc.California Court of Appeal · 2013
- Tolliver v. Bank of America (In Re Tolliver)United States Bankruptcy Court, E.D. Kentucky · 2012
17 more not listed; retrieve them via the Exa API.