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BANK OF NEW YORK v. PARNELL

No. 2010-C-0435.

56 So.3d 160 (2010)

The BANK OF NEW YORK, Acting Solely in its Capacity as Trustee for EQCC Trust 2001-2 v. Kathleen Johnson PARNELL.

Supreme Court of Louisiana.

Opinion on Rehearing January 14, 2011.

Attorney(s) appearing for the Case

McGlinchey Stafford, OLLC, Baton Rouge, LA by Anthony Joseph Rollo, Jr. , Michael H. Rubin , Robert D. Sheesley , Juston Michael O'Brien , Eric James Simonson , for Aplicant.

Pascal F. Calogero, Jr. , Patrick D. Breeden , P. Michael Doherty Breeden, III , for Respondent.

Nina F. Simon , Counsel for Responsible Lending, Amicus Curiae.

WEIMER, Justice.1

This matter is before the court for a determination of whether the court of appeal erred in finding that a yield spread premium paid by the lender to a mortgage broker is part of the "total points and fees payable by the consumer at or before closing" within the meaning of 15 U.S.C. § 1602(aa)(1)(B) of the Home Ownership and Equity Protection Act. For reasons that follow, we conclude that the appellate court legally...

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