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WESTFALL v. CHASE LINCOLN FIRST BANK, N. A.

258 A.D.2d 299 (1999)

685 N.Y.S.2d 181

RICHARD G. WESTFALL et al., on Behalf of Themselves and All Others Similarly Situated, Appellants, v. CHASE LINCOLN FIRST BANK, N. A., et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided February 9, 1999.

In connection with the discharge of a mortgage upon plaintiffs' home, defendants charged plaintiffs a fee for recording the discharge that exceeded the actual costs of such recording by $8.50, and a $5 fee for sending plaintiffs two one-page "payoff statements" by facsimile, at plaintiffs' specific request. The terms of the mortgage provided that plaintiffs would not be charged any fee for its discharge beyond the actual costs of recording the discharge in the proper official...

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