The plaintiffs also asserted that the district court had erred when it had dismissed their "fraud and "money had and received"" claim on statute of limitations grounds. The Eleventh Circuit noted that more than five years had passed since the plaintiffs had signed the relevant loan agreement. Moreover, the Court was unconvinced by the plaintiffs' contention that "equitable tolling" should apply because lender had supposedly committed fraud when they contracted for "reasonable and necessary" notary fees, and then charged "fees far exceeding the statutory maximum" and failed to inform the plaintiffs of the statutory maximum. The Georgia Supreme Court held that equitable tolling did not apply because the plaintiffs "could have discovered the discrepancy" between the statutory fee and the actual fee by "simple reference" to the statute. Therefore, the Eleventh Circuit held the district court had not erred in dismissing the plaintiffs' second claim.
Ralph T. Wutscher
Kahrl Wutscher LLP
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