Dorcas Njenga v. Alberto Gonzales

1The Honorable Harry F. Barnes, United States District Judge for the Western
District of Arkansas.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 06-1915
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Flora J. Moseley Smith, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the Western
* District of Arkansas.
Chase Manhattan Mortgage *
Corporation, * [UNPUBLISHED]
*
Appellee. *
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Submitted: March 12, 2007
Filed: March 22, 2007
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Before RILEY, BOWMAN, and ARNOLD, Circuit Judges.
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PER CURIAM.
Plaintiff below claimed that a mortgage lender violated the Real Estate
Settlement Procedure Act (RESPA), 12 U.S.C. § 2605(e)(2)(c)(i), by charging her a
$5.00 fee for faxing her a payoff statement when she requested it. The district court 1
granted summary judgment to the lender and plaintiff appealed. This case is
controlled by Watt v. GMAC Mortgage Corp., 457 F.3d 781 (8th Cir. 2006), and

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Curran v. Washington Mut. Bank, 471 F.3d 857 (8th Cir. 2006) (per curiam), where
we rejected an identical claim, and we therefore reject the claim here.
We decline to address plaintiff's claim that even if a lender can charge fees in
the present circumstances, such fees must be reasonable, because the claim was raised
on appeal for the first time. See Watt, 457 F.3d at 784.
Affirmed.
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