A Pennsylvania couple accused their servicer of failing to adequately respond to their notice of error and a request for information on behalf of a larger class.
The servicer argued the claims did not involve loan servicing and thus fell outside the scope of the RESPA.
Read on to see why a federal judge ruled the borrowers not only pled plausible allegations, but also were able to show actual damages stemming from the alleged violations which survived the servicer’s motion to dismiss.
A new ruling from the Fifth Circuit Court of Appeals could be setting up the first circuit split on the constitutionality of the structure of the Consumer Financial Protection Bureau (CFPB).
In an en banc decision in Collins v. Mnuchin, the Fifth Circuit determined the structure of the Federal Housing Finance Agency was unconstitutionally structured.
How did the court come to its decision, and why could it create a problem for the CFPB? Read on for the details.
An Alabama man who alleged his servicer falsely reported he was in default on a mortgage loan sued for wrongful initiation of foreclosure proceedings.
The borrower claimed the servicer violated RESPA by failing to send a written acknowledgement of his qualified written request (QWR) within five days and a written response to the QWR within 30 days.
Read on for more details about why the court denied the servicer’s motion to dismiss.
The Consumer Financial Protection Bureau stated a viable claim for relief against a mortgage servicer on three out of four alleged RESPA violations, according to a federal judge.
However, the judge dismissed the entire 14-count suit without prejudice after finding the complaint is an impermissible “shotgun” pleading that fails to distinguish among the defendants.
Read on for highlights of the Florida court’s opinion, including its decision to uphold the constitutionality of the bureau.
The Consumer Financial Protection Bureau (CFPB) has filed a lawsuit against a foreclosure relief services company accused of charging unlawful advance fees for the marketing and sale of financial advisory and mortgage assistance services.
The CFPB filed a complaint against Houston-based Certified Forensic Loan Auditors, LLC, company founder Andrew Lehman and Michael Carrigan, its vice president of auditing, alleging deceptive and abusive acts and practices against consumers.
Read on for details from the complaint.
The latest lawsuit filed by the Conference of State Bank Supervisors (CSBS) alleging the Office of the Comptroller of the Currency’s (OCC) nonbank charter program is unconstitutional has been dismissed.
CSBS filed its second suit in two years against the OCC in October. The most recent complaint sought to prevent the agency from granting national bank charters to entities operating as nonbanks.
Read on for highlights of the judge’s opinion.
A borrower sought an injunction to prevent foreclosure on his Texas property, claiming his servicer failed to timely evaluate his completed loss mitigation request.
The servicer argued the claim should be dismissed because the plaintiff’s loss mitigation application was missing additional information and nothing in RESPA requires a servicer to evaluate an incomplete application.
Read on to see why a federal magistrate is allowing the case to continue.
A tentative jury trial date has been scheduled in a Washington state securities case, alleging that Zillow Group’s co-marketing program violated RESPA.
In court filings, District Judge John C. Coughenour estimated 10 days would be needed for trial.
Read on to learn more about the date for the case, filed after the Consumer Financial Protection Bureau suddenly ended its investigation into Zillow’s co-marketing program.
A New Jersey borrower claimed she is entitled to actual and statutory damages because her servicer failed to respond to two notices of errors (NOE) related to loan modification applications.
The servicer filed a motion to dismiss for failure to state a claim, alleging the borrower submitted insufficient information for the applications.
What did a judge say? Read on to find out.
A Maryland couple sued two mortgage servicers for allegedly imposing and collecting invalid loan charges, then failing to respond to or conduct reasonable investigations related to their written inquiries.
Their alleged losses included lost time from work and emotional damages that exacerbated medical conditions, including headaches and high blood pressure.
A federal judge recently denied both servicers’ motions to dismiss the plaintiffs’ RESPA claims. Read on for highlights of the opinion.
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