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BAUGHMAN v. MELLON MORTG. CORP.

Nos. C1-00-1016, CX-00-1340.

621 N.W.2d 776 (2001)

Ronald Paul BAUGHMAN, individually and on behalf of all others similarly situated, Appellant, v. MELLON MORTGAGE COMPANY, Respondent. Dennis Driggers, et al., Appellants, v. FBS Mortgage Corporation, Respondent.

Court of Appeals of Minnesota.

January 9, 2001.

Attorney(s) appearing for the Case

Charles H. Johnson, Neal A. Eisenbraun, Charles H. Johnson & Associates, New Brighton, MN; and John M. Tancabel, Tancabel Law Offices, St. Paul, MN, (for appellants).

Alan H. Maclin, Brent R. Lindahl, Briggs & Morgan, P.A., St. Paul, MN, (for respondent Mellon).

Patrick J. McLaughlin, Julie A. Casserly, Dorsey & Whitney, L.L.P., Minneapolis, MN, (for respondent FBS).

Considered and decided by HARTEN, Presiding Judge, KLAPHAKE, Judge, and ANDERSON, Judge.

OPINION

HARTEN, Judge.

In this consolidation of two class actions, appellants, mortgagors, challenge the tax service fees imposed by respondents, mortgagees, as violative of Minn.Stat. § 47.20, subd. 9(g) (1998). Respondents moved for dismissal of appellants' complaints on the ground that Minn.Stat. § 47.204, subd. 1 (1998) supersedes Minn. Stat. § 47.20, subd. 9(g). Because we see no error of law...

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