MESSITTE v. COLONIAL MORTGAGE SERV.

[No. 143, September Term, 1978.]

287 Md. 289 (1980)

411 A.2d 1051

MICHAEL F. MESSITTE v. COLONIAL MORTGAGE SERVICE COMPANY ASSOCIATES, INC.

Court of Appeals of Maryland.

Decided March 11, 1980.


Attorney(s) appearing for the Case

Argued and reargued by Peter J. Messitte, with whom were Barnett Rosenberg and Messitte & Rosenberg, P.A. on the brief, for appellant.

On reargument argued by Alfred Mollin, with whom were Stuart E. Schiffer and Leonard Schaitman on the brief, for the United States as amicus curiae.

Argued and reargued by M. Michael Cramer, with whom were Ronald D. West and Levitan, Ezrin, Cramer, West & Weinstein, Chartered and Michael G. Trainer on the brief, for appellee.

The cause was argued before SMITH, DIGGES, ELDRIDGE, ORTH, COLE and DAVIDSON, JJ., and reargued before MURPHY, C.J., and SMITH, DIGGES, COLE, DAVIDSON and RODOWSKY, JJ., and RIDGELY P. MELVIN, JR., Associate Judge of the Court of Special Appeals, specially assigned.


SMITH, J., delivered the opinion of the Court.

Michael F. Messitte sold his home to a military veteran who obtained VA guaranteed financing from Colonial Mortgage Service Company Associates, Inc. Messitte then brought a class action against Colonial. The essence of his complaint is that since the buyer-borrower had paid Colonial a 1-percent origination fee, Colonial violated a regulation of the Veterans Administration when it charged him at settlement for certain...

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