CULPEPPER v. INLAND MORTG. CORP.

No. 97-6109.

132 F.3d 692 (1998)

John Robert CULPEPPER; Patricia Starnes Culpepper, in behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. INLAND MORTGAGE CORPORATION, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

January 9, 1998.


Attorney(s) appearing for the Case

David R. Donaldson, Pamela D. Beard, Birmingham, AL, for Plaintiffs-Appellants.

David S. Hay, Margaret K. Savage, Robert J. Pratte, Minneapolis, MN, Mark G. Schroeder, Alan H. Maclin, Briggs & Morgan, P.A., St. Paul, MN, Sarah Y. Larson, Maynard, Cooper and Gale, Birmingham AL, for Defendant-Appellee.

Before EDMONDSON and HULL, Circuit Judges, and CLARK, Senior Circuit Judge.


HULL, Circuit Judge:

This appeal concerns whether a mortgage lender's payment of a "yield spread premium" to a mortgage broker violates the antikickback provision of the Real Estate Settlement Procedures Act, 12 U.S.C. § 2601, et seq. ("RESPA"). The district court granted summary judgment to defendant Inland Mortgage Corp. and held that the payment it made was not prohibited by RESPA. After review, we disagree and reverse.1

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