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DWYER v. J.I. KISLAK MORTG. CORP.

No. 44969-9-I.

13 P.3d 240 (2000)

103 Wash.App. 542

Kyla DWYER and Jim Dwyer, husband and wife, on behalf of themselves, and on behalf of the Class, Appellants, v. J.I. KISLAK MORTGAGE CORPORATION, a Florida corporation, Respondents.

Court of Appeals of Washington, Division 1.

November 27, 2000.

Attorney(s) appearing for the Case

Sheryl Gordon McCloud, Law Offices of Sheryl Gordon McCloud, Seattle, John Bright, Keller Rohrback LLP, Seattle, for Appellants.

Henry C. Jameson, Deborah L. Best, Jameson, Babbitt, Stites & Lombard, PLLC, Seattle, Mark G. Schroeder, Briggs and Morgan, Saint Paul, MN, for Respondents.

BAKER, J.

Kyla and Jim Dwyer appeal dismissal of their Consumer Protection Act (CPA) claim against J.I. Kislak Mortgage Corporation. The Dwyers allege that Kislak's written mortgage payoff statements are deceptively arranged so as to lead borrowers to mistakenly believe that payment of miscellaneous service charges is required before the mortgage will be released. Because the statement lists these fees as part of the mortgage balance due, it is deceptive under the...

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