Legal Opinion
Bank of New York v. Parnell
Supreme Court of Louisiana
Decided November 30, 2010No. 2010-C-0435PublishedCited by 5 opinions
1Opinion of the Court
WEIMER, Justice.1
| jThis matter is before the court for a determination of whether the court of appeal erred in finding that a yield spread premium paid by the lender to a mortgage broker is part of the “total points and fees payable by the consumer at or before closing” within the meaning of 15 U.S.C. § 1602(aa)(l)(B) of the Home Ownership and Equity Protection Act. For reasons that follow, we conclude that the appellate court legally erred in finding that a lender-paid yield spread premium constitutes points and fees. Accordingly, we reverse the court of appeal’s decision on that issue and…
2Cases cited23 opinions
- Ford Motor Credit Co. v. MilhollinSupreme Court of the United States · 1980
- Beach v. Ocwen Federal BankSupreme Court of the United States · 1998
- United States v. Miami University Ohio State University, the Chronicle of Higher Education, InterveningCourt of Appeals for the Sixth Circuit · 2002
- Louisiana Municipal Association v. StateSupreme Court of Louisiana · 2005
- Philip R. Bizier v. Globe Financial Services, Inc.Court of Appeals for the First Circuit · 1981
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3Cited by5 opinions
- Congregation of the Immaculate Conception Roman Catholic Church of the Parish of Calcasieu v. Sam Istre Constr., Inc.Louisiana Court of Appeal · 2018
- Baker v. Newtek Small Business Finance, LLCDistrict Court, E.D. Louisiana · 2024
- Parnell v. Bank of New YorkSupreme Court of the United States · 2011
- Tasha Griggs, Individually and on Behalf of Her Minor Son, Austin Griggs v. Bounce N' Around Inflatables, L.L.C. and Jack Alan LeblancSupreme Court of Louisiana · 2019
- The Congregation of the Immaculate Conception Roman Catholic Church of the Parish of Calcasieu v. Sam Istre Construction, Inc.Louisiana Court of Appeal · 2018