Legal Opinion
Byars v. SCME Mortgage Bankers, Inc.
California Court of Appeal
Decided June 17, 2003No. D040390PublishedCited by 56 opinions
1Opinion of the Court
Opinion
McCONNELL, J.
This case, an appeal from a grant of summary judgment, involves the validity of a yield spread premium (YSP) (a rebate paid to a mortgage broker by a lender) on a Federal Housing Administration (FHA) insured loan that has a cap of 1 percent on the loan origination fees that may be directly charged to the borrower. We conclude payment of a YSP does not violate the applicable regulations and therefore did not violate a provision in Byars’s deeds of trust requiring compliance with United States Department of Housing and Urban Development (HUD) regulations. We further conclude…
2Cases cited26 opinions
- Aguilar v. Atlantic Richfield Co.California Supreme Court · 2001
- Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co.California Supreme Court · 1999
- Guz v. Bechtel National, Inc.California Supreme Court · 2000
- Green v. Ralee Engineering Co.California Supreme Court · 1998
- State Farm Fire & Casualty Co. v. Superior CourtCalifornia Court of Appeal · 1996
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3Cited by56 opinions
- Gary Davis v. Hsbc Bank Nevada, N.A.Court of Appeals for the Ninth Circuit · 2012
- Durell v. Sharp HealthcareCalifornia Court of Appeal · 2010
- Bardin v. DaimlerChrysler Corp.California Court of Appeal · 2006
- Rosenfeld v. JPMorgan Chase Bank, N.A.District Court, N.D. California · 2010
- Polek v. J.P. Morgan Chase Bank, N.A.Court of Appeals of Maryland · 2012
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