Colangelo v. Norwest Mortgage, Inc.

OPINION

G. BARRY ANDERSON, Judge

Appellants argue the district court erred when it granted summary judgment dismissing their claim for breach of contract and ruling that the facsimile transmission fee (fax fee) charged by respondent was a special charge outside the scope of the parties’ mortgage agreements and not a prepayment penalty. Appellants also insist the district court erred when it dismissed their claims for negligent misrepresentation, unjust enrichment, and money had and received. We affirm.

FACTS

Appellants Edward R. Colangelo and Clifford C. Firth are residents of Massachusetts.…