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MATTER OF EAST BAY FUNDING CORP. v. McCAUL

305 A.D.2d 139 (2003)

757 N.Y.S.2d 845

In the Matter of EAST BAY FUNDING CORP., Petitioner, v. ELIZABETH McCAUL, as Superintendent of the New York State Banking Department, et al., Respondents.

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

Decided May 6, 2003.

Substantial evidence supports respondent's finding that petitioner routinely charged consumers excessive mortgage brokerage fees for which no meaningful processing or underwriting was provided and that were drastically disproportionate to the time spent and expertise involved. We reject petitioner's argument that respondent cannot sanction on the basis of such finding since there is no law or regulation that limits the fee, i.e...

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