Lenders Hail Victory in Latest Yield Spread Premium Ruling

The battle over the payment of yield spread premiums continues to play out in federal courts-and mortgage lenders are claiming victory in the most recent developments.

Last Friday, an Alabama federal judge ruled that a lender's fee payment to a broker for securing a higher-rate loan, called a yield spread premium, is legal under the Real Estate Settlement Procedures Act.

In Culpepper v. Inland Mortgage Corp. of Indianapolis, Judge James H. Hancock ruled that such fees are payment for an asset, not a kickback.

The ruling directly contradicted the Jan. 10 decision by U.S. District Judge Albert Bryan of Alexandria, Va., who ruled the payments illegal while denying Saxon Mortgage Co.'s motion to dismiss a class action against it.

Last Friday, moreover, Judge Bryan stated in a written order that payment of yield spread premiums "involves a controlling question of law-as to which there is substantial ground for difference of opinion."

While denying Saxon's second motion to dismiss the class action, Judge Bryan also stated that a higher court should rule on the point of law.

Lenders and their representatives are embracing the two latest rulings as a possible damper on the tide of class actions filed in the past year. "This could advance the termination of litigation," said a lawyer who represents lenders.

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