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BYARS v. SCME MORTG. BANKERS, INC.

No. D040390.

135 Cal.Rptr.2d 796 (2003)

109 Cal.App.4th 1134

Douglas S. BYARS, Plaintiff and Appellant, v. SCME MORTGAGE BANKERS, INC., Defendant and Respondent.

Court of Appeals of California, Fourth District, Division One.

June 17, 2003.

Attorney(s) appearing for the Case

Dougherty, Hildre, Dudek & Haklar; Finkelstein & Krinsk, Peggy J. Reali, San Diego; Zimmerman Reed and Hart L. Robinovitch for Plaintiff and Appellant.

Severson & Werson, William L. Stern, Katherine A. Knopoff and Daniel O'Rielly, San Francisco, for Defendant and Respondent.

McCONNELL, J.

This case, an appeal from a grant of summary judgment, involves the validity of a yield spread premium (YSP) (a rebate paid to a mortgage broker by a lender) on a Federal Housing Administration (FHA) insured loan that has a cap of 1 percent on the loan origination fees that may be directly charged to the borrower. We conclude payment of a YSP does not violate the applicable regulations and therefore did...

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