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MICHAEL D. v. GMAC MORTG., LLC

No. 08-00568-CV-W-DGK.

763 F.Supp.2d 1091 (2011)

MICHAEL D. and Sharron Mayo, individually and on behalf of all those similarly situated, Plaintiffs, v. GMAC MORTGAGE, LLC, UBS Real Estate Securities, Inc., Deutsche Bank National Trust Company (in its capacity as trustee of the MASTR Specialized Loan Trust 2007-01), and Residential Funding Company, LLC, Defendants.

United States District Court, W.D. Missouri, Western Division.

January 13, 2011.

Attorney(s) appearing for the Case

David M. Skeens, Garrett Mark Hodes, J. Michael Vaughan, Kip D. Richards, R. Frederick Walters, Walters Bender Strohbehn & Vaughan, Kansas City, MO, for Plaintiffs.

Catesby Ann Major, Craig S. O'Dear, Irvin Victor Belzer, Bryan Cave, LLP, Leslie A. Greathouse, J. Loyd Gattis, III, Spencer Fane Britt & Browne LLP, Daniel L. McClain, Scharnhorst, Ast & Kennard, P.C., Catesby Ann Major, Irvin Victor Belzer, Bryan Cave, LLP, Kansas City, MO, David C. Bohan, David J. Stagman, Sheldon T. Zenner, Katten Muchin Rosenman, LLP, Chicago, IL, Elizabeth A. Frohlich, Jami Wintz McKeon, Morgan Lewis & Bockius LLP, San Francisco, CA, for Defendants.

SUMMARY JUDGMENT ORDER

GREG KAYS, District Judge.

This case is a putative class action brought under the Missouri Second Mortgage Loan Act ("MSMLA"). Plaintiffs Michael and Sharron Mayo allege they were charged illegal fees at closing in connection with their residential second mortgage loan, and they are suing the various companies who subsequently acquired or serviced their loan.

Before the Court are the Defendants' various motions for summary...

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