Chandler v. Norwest Bank Minnesota, National Ass'n

137 F.3d 1053, 1998 WL 86553
CourtCourt of Appeals for the Eighth Circuit
DecidedMarch 3, 1998
Docket97-2437
StatusPublished
Cited by12 cases

This text of 137 F.3d 1053 (Chandler v. Norwest Bank Minnesota, National Ass'n) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chandler v. Norwest Bank Minnesota, National Ass'n, 137 F.3d 1053, 1998 WL 86553 (8th Cir. 1998).

Opinions

BOWMAN, Circuit Judge.

Joanne and Larry Chandler appeal from the grant of summary judgment entered by the District Court1 in favor of Norwest Bank Minnesota, N.A. (Norwest) and Custom Mortgage, Inc. (Custom) on the Chandlers’ claims under the Real Estate Settlement Procedures Act, 12 U.S.C. §§ 2601-2617 (1994) (RESPA). The Chandlers also appeal the District Court’s imposition of sanctions under Rule 11. See Fed.R.Civ.P. 11. We affirm.

I.

On January 22, 1996, the Chandlers entered into a mortgage loan transaction with Custom to refinance their home. The Chandlers, gave Custom a deed of trust on their home as security for a loan in the total amount of $60,375.00, including a 2 percent “loan origination fee” (amounting to $1,207.50) and a 3 percent “loan discount fee” (amounting to $1,811.25) payable to Custom for its services in obtaining the loan. The parties do not dispute that the net loan proceeds ultimately disbursed to the Chandlers were $57,156.25.

In connection with the mortgage loan transaction, the Chandlers signed a document entitled “Notice of Assignment, Sale or Transfer of Servicing2 Rights,” informing the Chandlers that “the right to collect payments from you is being assigned, sold or transferred” effective January 22, 1996 from Custom to “Norwest Bank Minnesota, National Association as Trustee,” and identifying the Chandlers’ new mortgage servicer as LSI Financial Group.3 Appellants’ App. at

[1055]*105514. This notice does not refer in any way to the funding sources for the Chandlers’ loan, nor does it refer to the sale of the Chandlers’ mortgage loan itself. Although this paperwork was completed on January 22,1996, the Chandlers’ loan did not close until January 26, 1996, after their option to cancel the transaction had expired. The Chandlers concede that the loan closed with Custom identified as the lender.

Custom obtained the capital necessary to fund the Chandlers’ loan through its preexisting line of credit with CoreStates Bank, and, pursuant to that credit arrangement, CoreStates transferred $57,156.25 to Custom’s warehouse account on January 26, 1996. On that same day, Custom disbursed $57,156.25 to the Chandlers.

On January 31,1996, Equieon Corporation, in accordance with a “Purchase and Sale Agreement” between Equieon, Norwest, and Custom, purchased the Chandlers’ mortgage loan from Custom by depositing $57,156.25 into Custom’s CoreStates bánk account, whereupon Custom repaid its outstanding loan balance, plus interest, to CoreStatés on the same day. Equieon purchased the Chandlers’ mortgage loan for deposit into the Equieon Loan Purchase Trust established by Equieon to hold various assets, principially mortgages, that would ultimately secure certificates sold to investors. At the direction of Equieon, and pursuant to the parties’ agreement, Custom assigned the Chandlers’ loan to Norwest, as trustee of the Equieon Trust, for deposit into the trust. Norwest was appointed trustee of the Equieon Trust under a, pooling and servicing agreement dated January 1, 1995 naming Equieon as the sponsor and LSI Financial Group as the servicer of the trust. Norwest’s duty as trustee was to be the primary custodian of the mortgage loan documents Equieon purchased from Custom and other lenders.

Equieon subsequently sold the mortgages in the Equieon Trust, including the Chandlers’ mortgage, loan, to another trust, “Access Financial Lending Corporation Series 1996-3,” and Norwest was also appointed trustee of this trust. In its role,as trustee of the Access Trust, Norwest is responsible for holding the mortgage documents, ensuring that payments on the mortgages are properly channeled to the investors pursuant to the trust documents, and providing reports to the investors. As trustee of both the Equi-eon Trust and the Access Trust, Norwest holds no beneficial ownership interest in any of the mortgage loans held in the trusts.

In April 1996, the Chandlers filed suit on behalf of themselves and two putative classes of other allegedly similarly situated residential mortgage loan customers claiming that Custom “sold” their loan to Norwest, rather than to Equieon, prior to closing, rather than after closing, and that their loan was “table funded” by Custom for Norwest.4 The Chandlers essentially allege that Norwest, not Custom, was the actual source of funding for their mortgage loan. Consequently, they claim that Norwest, as the purported “owner” of the loan prior to closing, paid excessive and unearned fees to,Custom, and that both Norwest and Custom, acted in violation of Section 8 of RESPA, 12 U.S.C. § 2607.

The District 'Court granted Norwest’s motion for summary judgment, finding that Norwest lacked any involvement in the Chandlers’ loan transaction. Likewise, the court granted Custom’s motion for summary judgment, finding that Custom did not tablé fund the Chandlers’ mortgage loan and that the loan transaction was a bona fide “secondary market transaction” exempt from RES-PA. See 24 C.F.R. § 3500.5(b)(7). In addition, the District Court imposed sanctions on the Chandlers’ attorneys under Rule 11 for their failure to investigate the facts prior to filing the lawsuit. The Chandlers appeal the District Court’s grant of summary judgment to Norwest and Custom, and the court’s imposition of Rule 11 sanctions.

[1056]*1056II.

We review a grant of summary judgment de novo, using the same standard governing the district court’s decision. See Stevens v. St. Louis Univ. Med. Ctr., 97 F.3d 268, 270 (8th Cir.1996). “We will affirm the judgment if the record shows that there is no genuine issue of material fact and that the prevailing party is entitled to judgment as a matter of law.” Brodnicki v. City of Omaha, 75 F.3d 1261, 1264 (8th Cir.),. cert. denied, — U.S. -, 117 S.Ct. 179, 136 L.Ed.2d 119 (1996) (citation omitted).

The Chandlers’ claim rests on alleged violations by Norwest and Custom of RES-PA. Consequently, the Chandlers must establish that their mortgage loan transaction is covered by the Act. If the transaction falls outside the coverage of RESPA, the Chandlers’ claim necessarily fails.

Specifically, the Chandlers contend that Norwest and Custom table funded the Chandlers’ mortgage loan thus bringing the transaction under the coverage of RESPA, and that Norwest thereafter violated Section 8 of the Act by paying Custom referral fees or unearned and excessive fees. Custom, according to the Chandlers, also violated Section 8 of RE SPA by receiving the referral fees or excessive and unearned fees from Norwest. , Norwest and Custom, on the other hand, claim that the Chandlers’ mortgage loan was sold to Equicon pursuant to a transaction that is exempt from RE SPA and that the Chandlers’ claims fail as a matter of law.

RESPA and its accompanying regulations “apply to all federally related mortgage loans,” 24 C.F.R. §

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Chandler v. Norwest Bank Minnesota
137 F.3d 1053 (Eighth Circuit, 1998)

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Bluebook (online)
137 F.3d 1053, 1998 WL 86553, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chandler-v-norwest-bank-minnesota-national-assn-ca8-1998.