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FEDERAL COURT CERTIFIES CLASS ACTION
OF HOMEOWNERS WHO WERE CHARGED HIGHER INTEREST RATES BECAUSE OF LENDER'S HIDDEN PAYMENTS TO MORTGAGE BROKERS

 

Seattle, WA, October 31, 2006 – United States District Judge Robert J. Bryan certified today a class action of at least a thousand and potentially several thousand homeowners in Washington State who were charged higher interest rates because their mortgage lender, NovaStar Mortgage, Inc., made payments to their mortgage brokers in return for negotiating loans at higher interest rates, without disclosing those payments until the last possible momentif at all.

Links to Related Documents

JUDGE BRYAN'S DECISION
 

THE NOVASTAR COMPLAINT

SEATTLE PI ARTICLE

Eight named plaintiffs will represent Washington homeowners who received such loans from NovaStar.  The plaintiffs assert that they were charged higher interest rates because NovaStar secretly agreed to pay mortgage brokers thousands of dollars to negotiate higher interest rate loans.  The higher the interest rate, the more NovaStar paid the mortgage broker.  These incentive payments that NovaStar made to brokers in return for higher interest rate loans are called "yield spread premiums."  Judge Bryan found that the case is suitable for class action treatment which will enable plaintiffs and the Class to prosecute the claims of over a thousand borrowers.

Said Ari Brown, one of the plaintiffs' lawyers, "This is an important decision for borrowers who obtained these home loans from NovaStar.  Most of them don't even know their rights have been violated.  Now, not only will they discover they had rights to bargain for a lower interest rate loan, but well be able to pursue claims for them and, we hope, get them the deal they should have gotten in the first place."

The Seattle attorneys representing plaintiffs and the Class are are Ari Brown of Bergman and Frockt, and John W. Phillips and Matt Geyman of Phillips Law Group, PLLC.  To learn more about the NovaStar case, please call Ari Brown at (206) 957-9510 or Matt Geyman at (206) 382-1168.

 

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