A federal appeals court in San Francisco upheld a lower court’s deference to the Department of Housing and Urban Development’s two-part test for determining the legality of a yield-spread premium payment, but not without dissent from one of the judges on the panel. The U.S Court of Appeals for the 9th Circuit found the yield-spread premium and other compensation paid by the lender to the broker in the case, Schuetz v. Banc One Mortgage