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MOLOSKY v. WASHINGTON MUT., INC.

No. 08-1416.

664 F.3d 109 (2011)

Donald J. MOLOSKY; Elizabeth A. Molosky, Plaintiffs-Appellants, v. WASHINGTON MUTUAL, INCORPORATED; Federal Deposit Insurance Corporation, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 22, 2011.

Attorney(s) appearing for the Case

ARGUED: Thomas A. Biscup, Paul Zebrowski & Associates, P.C., Shelby Township, Michigan, for Appellants. J. Scott Watson, Federal Deposit Insurance Corporation, Arlington, Virginia, for Appellees. ON BRIEF: Thomas A. Biscup, Paul Zebrowski, Paul Zebrowski & Associates, P.C., Shelby Township, Michigan, for Appellants. Stephen M. Rummage, Jonathan M. Lloyd, Davis Wright Tremaine LLP, Seattle, Washington, for Appellees.

Before: MOORE and ROGERS, Circuit Judges; HOOD, District Judge.

OPINION

ROGERS, Circuit Judge.

When Donald and Elizabeth Molosky paid off their home mortgage early, they were charged a $30 "payoff statement fee" and a $14 "recording fee" in connection with the prepayment. They sued in federal court challenging the imposition of these fees as violations of the mortgage contract, of various Michigan laws, and of the federal Real Estate Settlement Procedures Act (RESPA). The district court dismissed the suit in its entirety...

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