James G. WONG; Daniel R. Jenson; Wanda D. Jenson; Terry Lovett, formerly known as Terry M. Brooks; Bradley Beal; Paula Beal; Alfred Celia; Vicki Musgrave; Patrick Nasi; Natalie Nasi; David Plocek; Stacy Plocek; Terry Rapiach; Lesa Rapiach, Plaintiffs-Appellants
v.
WELLS FARGO BANK N.A., formerly and/or as successor to Norwest Bank Minnesota, N.A., First Union National Bank and/or First Union Trust Company; Bann-Cor Mortgage; Master Financial, Inc.; Master Financial Asset Securitization Trust 1997-1; Master Financial Asset Securitization Trust 1998-1; Master Financial Asset Securitization Trust 1998-2, Defendants-Appellees
US Bank NA, ND, Defendant
Wilmington Trust Company, in its individual capacity, and as trustee of the Country Wide Home Loan Trust 2001-HLV1, PSB Lending Home Loan Trust 1997-3 and 1997-4, and Master Financial Asset Securitization Trust 1997-1, 1998-1, and 1998-2, Defendant-Appellee
Countrywide Home Loans, Inc., Defendant
Countrywide Home Loan Trust 2001-HLV1, Defendant-Appellee
Cityscape Home Loan Owner Trust 1997-2; Cityscape Home Loan Owner Trust 1997-3; Cityscape Home Loan Owner Trust 1997-4, Defendants
PSB Lending Corporation; PSB Lending Home Loan Owner Trust 1997-3; PSB Lending Home Loan Owner Trust 1997-4, Defendants-Appellees
Residential Funding Company, LLC, Defendant
Amaximis Lending, LP; The Bank of New York Mellon, formerly known as The Bank of New York; Citimortgage, Inc.; Comstar Mortgage Corporation, formerly known as Accubanc Mortgage Corp.; Franklin Credit Management Company, Defendants-Appellees
Ocwen Loan Servicing, LLC, Defendant
Old Republic Financial Acceptance Corporation; Real Time Resolutions, Inc., Defendants-Appellees
GMAC Mortgage, LLC, Defendant
J.P. Morgan Chase Bank, NA, individually and/or formerly or as successor to Bank One, NA and Chase Manhattan Bank; Home Loan Trust 1997-HI3; Amaximis Company, LLC; JPMorgan Chase Bank, N.A. as successor by merger to Banc One Financial Services, Inc.; JPMorgan Chase Bank, as successor by merger to Bank One, N.A., Defendants-Appellees.
United States Court of Appeals, Eighth Circuit.https://leagle.com/images/logo.png
Peter W. Carter , Dorsey & Whitney LLP, Minneapolis, MN, argued, ( Paul R. Dieseth , Dorsey & Whitney LLP, Minneapolis, MN, Mark A. Olthoff , Polsinelli PC, Kansas City, MO, on the brief), for appellee Wilmington Trust Co.
Leslie A. Greathouse , J. Loyd Gattis , Spencer Fane Britt & Browne LLP, Kansas City, MO, for appellees Old Republic Financial Acceptance Corp., and Real Time Resolutions, Inc.
Michael G. Biggers , Bryan Cave LLP, St. Louis, MO, for appellee JPMorgan Chase Bank, N.A., as successor to Chase Manhattan Bank.
W. David Wells , Maria G. Zschoche , Brian A. Lamping , Thompson Coburn LLP, for appellees Wells Fargo Bank, N.A., PSB Lending Home Loan Owner Trust 1997-3, PSB Home Loan Owner Trust 1997-4, and Countrywide Home Loan Trust 2001-HLV1.
Daniel L. McClain , The McClain Law Firm, LLC, Kansas City, MO, for appellees PSB Lending Corp., and JPMorgan Chase Bank, N.A., as successor to Bank One, N.A.
Before MURPHY and SHEPHERD, Circuit Judges, and BROOKS, District Judge.
SHEPHERD, Circuit Judge.
This class action was filed by borrowers in Missouri who took out second mortgages on their homes through Bann-Cor Mortgage, Inc. (Bann-Cor), and allege that Bann-Cor and various assignees and purchasers violated the Missouri Second Mortgage Loan Act (MSMLA) by charging or collecting impermissible fees. The district court...
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