Beyer

Beyer v. Countrywide Home Loans Servicing LP

Good Law
359 F. App'x 701
United States Court of Appeals for the Ninth CircuitOctober 8, 2009No. 08-35725California411 words

Opinion

Lead Opinion

MEMORANDUM **

We affirm the district court. Countrywide’s inclusion of the expedited payoff service fee in the loan payoff demand statement was not deceptive within the meaning of the Washington Consumer Protection Act (“CPA”), Rev.Code. Wash. § 19.86.010, et seq., because the payoff demand statement twice unambiguously disclosed that payment of the payoff service fee was not required to release the mortgage lien. Cf. Dwyer v. J.I. Kislak Mortgage Corp., 103 Wash.App. 542 , 13 P.3d 240, 243 (2000).

The expedited payoff service was voluntary and extraneous to the mortgage. Beyer nowhere alleged in his complaint that obtaining an expedited written payoff statement was requisite to every Countrywide loan transaction. Therefore, the expedited payoff statement is not part of the “true price” of the mortgage, and failure to disclose the payoff service fee at the time of the original loan transaction was not deceptive. See Robinson v. Avis Rent A Car Sys., Inc., 106 Wash.App. 104 , 22 P.3d 818, 824 (2001).

Even assuming the district court erred in dismissing Beyer’s claim alleging *703 Countrywide mislabeled the payoff service fee as an “expedited” service, see Schreiber Distrib. Co.…

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