Bloom

The plaintiffs in Bloom and Groner (“appellants”) brought class actions claiming that mortgage lenders and others violated 12 U.S.C. §§ 2603 and 2607 of the Real Estate Settlement Procedures Act of 1974 (“RES-PA”) as well as state law by failing to disclose the assessment of demand and recon-veyance fees. The district court dismissed both complaints, concluding that RESPA does not apply to demand and reconveyance fees, that 12 U.S.C. § 2603 does not imply a private right of action, that 12 U.S.C. § 2607 does not apply to these fees because they are not split with a third party, and that both federal claims were barred by the statute of limitations. Having dismissed the federal claims, the district court declined to exercise jurisdiction over the state claims. Because we conclude that RE SPA does not apply to demand and reconveyance fees, we do not address the alternative grounds for dismissal.

I

Mortgage lenders charge a demand fee for preparing a statement summarizing the outstanding loan balance in connection with the borrower’s prepayment of the balance of a loan. Lenders charge a reconveyance fee when they reconvey the deed back to the borrower after the loan is repaid. Both…