MORENO v. SUMMIT MORTG. CORP.

No. 03-50134.

364 F.3d 574 (2004)

Victor H. MORENO, III, Individually and On Behalf of Others Similarly Situated; Ana Laura Moreno, Individually and On Behalf of Others Similarly Situated, Plaintiffs-Appellants, v. SUMMIT MORTGAGE CORPORATION; First Nationwide Mortgage Corporation, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 23, 2004.


Attorney(s) appearing for the Case

Ryan Grant Anderson (argued), Ball & Weed, Jason J. Thompson, Thompson & Thompson, San Antonio, TX, for Plaintiffs-Appellants.

Russell D. Weaver (argued), Addison, TX, for Summit Mortg. Corp.

Mitchel H, Kider, Donald C. Brown, Jr. (argued), Weiner Brodsky Sidman Kider, Washington, DC, for First Nationwide Mortg. Corp.

C. Jay Thomson, Morrison & Foerster, San Francisco, CA, for Mortgage Bankers Ass'n America, Amicus Curiae.

Before DUHÉ, BARKSDALE and DENNIS, Circuit Judges.


RHESA HAWKINS BARKSDALE, Circuit Judge:

Victor and Ana Moreno appeal the summary judgment granted Summit Mortgage Corporation and First Nationwide Mortgage Corporation. Summit originated a mortgage loan to the Morenos and sold it to First Nationwide. At issue is whether the Real Estate Settlement Procedures Act, 12 U.S.C. § 2601 et seq. (RESPA), governs that sale. Because it was a bona fide secondary market transaction, the sale was not covered by RESPA...

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