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STERN v. NORWEST MORTG., INC.

No. 1-95-1627.

672 N.E.2d 296 (1996)

284 Ill. App.3d 506

219 Ill.Dec. 788

Stephen STERN and Catherine Harth, Plaintiffs-Appellants, v. NORWEST MORTGAGE, INC., Defendant-Appellee.

Appellate Court of Illinois, First District, Third Division.

Rehearing Denied November 21, 1996.

Attorney(s) appearing for the Case

Edelman & Combs, Chicago, IL (Daniel A. Edelman, Cathleen M. Combs, J. Eric Vander Arend), for Plaintiffs-Appellants.

Seyfarth, Shaw, Fairweather & Geraldson, Chicago, IL (Peter C. Woodford, Christopher E. Paetsch), for Appellee.

Justice GREIMAN delivered the opinion of the court:

Plaintiffs, Stephen Stern and his wife Catherine Harth, (plaintiffs or Stern), filed a class action against defendant, Norwest Mortgage, Inc. (defendant or Norwest), in the circuit court of Cook County. Plaintiffs allege that defendant (1) violated the Illinois Mortgage Escrow Account Act (Act) (765 ILCS 910/1 et seq. (West 1992)) by charging them and others similarly situated an "escrow waiver fee," and ...

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