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Christopher Saunders, Bryant Kurtzman, Beverly O'hara, and Linda Fenlon, In Their v. First Priority Mortgage

March 4, 2012

CHRISTOPHER SAUNDERS, BRYANT KURTZMAN, BEVERLY O'HARA, AND LINDA FENLON, IN THEIR INDIVIDUAL CAPACITIES AND ON BEHALF OF ALL SIMILARLY SITUATED INDIVIDUALS, PLAINTIFFS,
v.
FIRST PRIORITY MORTGAGE, INC., DEFENDANT.



The opinion of the court was delivered by: William M. Skretny Chief Judge United States District Court

DECISION AND ORDER

I. INTRODUCTION

Plaintiffs in this putative class action, Christopher Saunders, Bryant Kurtzman, Beverly O'Hara, and Linda Fenlon, allege that Defendant, First Priority Mortgage, Inc. ("First Priority"), violated the Real Estate Settlement Procedures Act ("RESPA"), 12 U.S.C. § 2607(b), by marking up fees associated with their respective home loans. Presently before this Court is First Priority's motion for summary judgment. For the following reasons, First Priority's motion is granted in part and denied in part.

II. BACKGROUND

A. Facts*fn1

The facts of this case are brief and relatively undisputed. First Priority is a mortgage banker licensed in New York State. (Defendant's Amended Statement of Facts ("Def.'s Stmnt."), ¶ 1; Docket No. 30.) Each Plaintiff applied for and received mortgage loans with First Priority. (Id., ¶ 2.) They closed their loans with First Priority on the following dates:

* Saunders -- September 26, 2005 (id., ¶ 3)

* Kurtzman -- March 29, 2005 (id., ¶ 4)

* O'Hara -- February 17, 2005 (id., ¶ 5)

* Fenlon -- February 28, 2005 (id., ¶ 6)

In connection with Saunders' loan , First Priority charged him the following relevant, itemized fees:

* $8.87 to Kroll Factual Data for credit report

* $17.73 to Kroll Factual Data for ...


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