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SCHUETZ v. BANC ONE MORTG. CORP.

No. 01-16206.

292 F.3d 1004 (2002)

Bettina J. SCHUETZ, Plaintiff-Appellant, v. BANC ONE MORTGAGE CORPORATION, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 10, 2002.

Attorney(s) appearing for the Case

Barry G. Reed, Zimmerman Reed, P.L.L.P., Scottsdale, AZ, for the plaintiff-appellant.

Alan H. Maclin, Briggs and Morgan, P.A., St. Paul, MN, for the defendant-appellee.

Before RYMER, KLEINFELD and McKEOWN, Circuit Judges.

OPINION

RYMER, Circuit Judge.

This appeal requires us to decide whether yield spread premiums, which are fees paid by mortgage lenders to mortgage brokers that are based on the difference between the interest rate at which the broker originates the loan and the par, or market rate offered by the lender, are lawful under the Real Estate Settlement Procedures Act (RESPA), 12 U.S.C. § 2601 et seq. (West 2001). RESPA prohibits the giving or receiving...

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