101340P.pdf   09/09/2011  Jerry Washington  v.  Countrywide Home Loans, Inc.
   U.S. Court of Appeals Case No:  10-1340
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Benton, Author, with Riley, Chief Judge, and Shepherd
   Circuit Judge]
   Civil case - Consumer law. This opinion vacates the Court's July 28,
   2011 opinion. Because interest accrued for two days before the plaintiffs
   received back improperly assessed fees, they raised a material issue of fact
   as to whether they suffered a loss as a result of defendant's violation of
   the Missouri Second Mortgage Loan Act; prepaid interest charge was an
   additional violation of the statute.
  
101340P.pdf   07/28/2011  Jerry Washington  v.  Countrywide Home Loans, Inc.
   U.S. Court of Appeals Case No:  10-1340
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Benton, Author, with Riley, Chief Judge, and
   Shepherd, Circuit Judge]
   Civil case - Class Action Fairness Act. District court erred in finding
   that plaintiffs did not suffer a loss for purposes of the Missouri Second
   Mortgage Lender's Act because the lender later disbursed fees which had
   been collected in error; this court could not determine whether the fees
   violated the Act, and the matter would have to be remanded to the district
   court for further proceedings on the issue; district court erred in finding a
   $60 document processing/delivery fee was an authorized closing cost
   under the Act as Missouri courts have found such fees are not authorized;
   because the lender was precluded from collecting the processing/delivery
   fee, its collection of $37.80 in prepaid interest also violated the Act.