Recent Cases Raise Questions About YSP Treatment in HOEPA
September 17, 2004
Some courts are taking a novel approach in resolving the question of whether yield-spread premiums are to be included in the calculation of points and fees in the Home Ownership and Equity Protection Act. Recent cases in U.S. district courts and federal bankruptcy courts suggest a new way of interpreting the HOEPA phrase “fees paid at or before closing,” which could have significant implications in state anti-predatory lending laws, according to Phillip Bohi, an attorney