11th Circuit Appeal Panel Effectively Overrules Previous Controversial Holding in Culpepper III The federal appeals court that first created controversy by casting doubt on the legality of yield-spread premiums has now cleared the way for lenders to offer YSPs without fear of being hammered by a class action lawsuit. The 11th Circuit Court of Appeals last week decided to defer to the Department of Housing and Urban Development’s 2001 policy statement on YSPs in resolving Heimmermann v.