Dismissal Ruling In Pay-To-Pay Convenience Fee Suit Appealed To 10th Circuit

Mealey's (November 18, 2021, 1:12 PM EST) -- SALT LAKE CITY — A borrower will appeal a Utah federal judge’s denial of her motion to alter his judgment dismissing her state consumer sales practices law claim against her mortgage loan servicer for charging her pay-to-pay convenience fees for making her mortgage payments by telephone, as well as the judge’s denial of her motion to certify two questions to Utah’s highest court for determination whether the statute is preempted by Utah’s Mortgage Lending and Servicing Act (MLSA), according to a notice of appeal filed in Utah federal court on Nov. 17....