Smith v. Chase Manhattan Mortgage Corp.

222 F. App'x 533

Opinion

[UNPUBLISHED]

PER CURIAM.

Plaintiff below claimed that a mortgage lender violated the Real Estate Settlement Procedure Act (RESPA), 12 U.S.C. § 2605(e)(2)(C)®, by charging her a $5.00 fee for faxing her a payoff statement when she requested it. The district court 1 granted summary judgment to the lender and plaintiff appealed. This case is controlled by Watt v. GMAC Mortgage Corp., 457 F.3d 781 (8th Cir.2006), and Curran v. Washington Mut. Bank, 471 F.3d 857 (8th Cir.2006) (per curiam), where we rejected an identical claim, and we therefore reject the claim here.

We decline to address plaintiffs claim that even if a lender can charge fees in the present circumstances, such fees must be reasonable, because the claim was raised on appeal for the first time. See Watt, 457 F.3d at 784.

Affirmed.

1 . The Honorable Harry F. Barnes, United States District Judge for the Western District of Arkansas.