Akopyan v. Wells Fargo Home Mortgage, Inc.

*129Opinion

EPSTEIN, P. J.

These consolidated appeals, each from a judgment of dismissal of a class action complaint after a sustained demurrer, raise two questions. The first is whether the limitation- on late payment charges in Business and Professions Code section 10242.5, subdivision (b)1 applies to home mortgage loans negotiated by mortgage loan brokers, regardless of the exempt status under section 10133.1 of entities that funded and serviced the loans. We conclude the statutory limitation on late fees applies to these loans.

The second question is whether an action lies by appellant borrowers…