Consumer Law: Mortgage Company Defendant – MMPA – Unauthorized Practice

Where property owners sued a mortgage company for alleged violations of the Missouri Merchandising Practices Act and for allegedly engaging in the unauthorized practice of law, The company admitted that it procured legal documents, but the plaintiffs did not show a genuine issue on whether the defendant charged a separate fee or varied its customary charges for preparing legal documents, so the trial court did not err in granting the defendant summary judgment on the statutory prohibition against engaging in law business, and the MMPA claim also failed because the plaintiffs did not show an ascertainable loss of money or property as the result of an unfair practice.

Judgment is affirmed.

Binkley v. American Equity Mortgage, Inc. (MLW No. 67129/Case No. SC94152 – 9 pages) (Supreme Court of Missouri, Russell, J.; all concur) Appealed from circuit court, St. Louis County, DePriest Jr., J. (Robert Schultz III and Ronald J. Eisenberg, Chesterfield, for appellants) (David P. Stoeberl, Tina N. Babel and Lauren M. Wacker, St. Louis, for respondents).

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