CLAIM THAT LENDER VIOLATED UCL IN DISCLOSURES ON HUD-1 SETTLEMENT STATEMENT STATED A CLAIM AND WAS NOT PREEMPTED

Question: Does a lender violate the unfair competition law by disclosing, on a HUD-1 Settlement Statement, the costs it charged home loan borrowers, as opposed to the actual costs it incurred?

Answer: Yes, according to the Court of Appeal in McKell v. Washington Mutual, Inc., 06 C.D.O.S. 8836 (Sept. 18, 2006).

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