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Washington v. Countrywide Home Loans, Inc.

United States Court of Appeals, Eighth Circuit

March 17, 2014

Jerry W. Washington; Golda M. Washington, Plaintiffs - Appellants
v.
Countrywide Home Loans, Inc., Defendant - Appellee

Submitted November 21, 2013

Petition for certiorari filed at, 08/21/2014

Appeal from United States District Court for the Western District of Missouri - Kansas City.

For Jerry W. Washington, Golda M. Washington, Plaintiffs - Appellants: Garrett Mark Hodes, Kip Dudley Richards, David M. Skeens, J. Michael Vaughan, Roy Frederick Walters, Walters & Bender, Kansas City, MO.

For Countrywide Home Loans, Inc., Defendant - Appellee: Thomas Hefferon, William M. Jay, Joseph Yenouskas, Goodwin & Procter, Washington, DC; Mark A. Olthoff, Polsinelli & Shughart, Kansas City, MO.

Before BENTON, BEAM, and SHEPHERD, Circuit Judges.

OPINION

Page 956

BENTON, Circuit Judge.

Jerry W. and Golda M. Washington sued Countrywide Home Loans, Inc., alleging violation of the Missouri Second Mortgage Loan Act (MSMLA). The district court[1]

Page 957

dismissed the Washingtons' claims as barred by the three-year statute of limitations of § 516.130(2) RSMo. The Washingtons appeal, invoking the six-year statute of limitations of § 516.420 RSMo or, alternatively, the application of the " continuing or repeated wrong" exception. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

I.

The Washingtons are the named plaintiffs and proposed representatives of a putative class of Missouri homeowners who obtained residential second-mortgage loans from Countrywide. The Washingtons' loan proceeds were disbursed in April 2005, when interest began accruing. Countrywide assessed four additional charges against the Washingtons' disbursement: (1) a $690 loan discount, (2) a $100 settlement/closing fee, (3) a $60 document processing/delivery fee, and (4) $37.80 in prepaid interest. After an audit, Countrywide determined that the first two charges should not have been assessed and wired $790 to the title company to be included in the loan disbursement.

The Washingtons sued in state court on May 6, 2008, alleging that the four additional charges violate the MSMLA, § § 408.231 to 408.241 RSMo. Countrywide removed the case to federal court. See 28 U.S.C. § § 1332(d), 1453. The Washingtons seek to recover the charges plus all interest paid on the loans, relying on § § 408.236 and ...


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