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Real Estate: Mortgage Broker – Unauthorized Practice of Law – Unjust Enrichment
Geri Dreiling//December 22, 2011//
Where a mortgage broker gathered information needed for a third-party lender to prepare a note and deed of trust for a refinancing homeowner and the mortgage broker charged an administrative fee and processing fee, the actions did not amount to an unauthorized practice of law but the broker could not merely recite the arguments raised in defending against the unauthorized practice of law to defend against the claim of unjust enrichment therefore summary judgment for the mortgage broker on that claim was improper.
Judgment is affirmed in part, reversed in part and remanded.
Hargis v. JLB Corporation d/b/a Golden Oak Lending (MLW No. 63109/Case No. SC91639 – 23 pages) (Missouri Supreme Court, Stith, J., for majority) (Teitelman, J., concurring in part, dissenting in part) Appealed from circuit court, St. Louis County, Cohen, J. (Christian G. Montroy, d Ronnie L. White and James P. Holloran, St. Louis, Missouri, for appellant) (E. Robert Schulz and Ronald J. Eisenberg, Chesterfield, Missouri, for respondent).
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