Case Law

A Florida borrower sued her servicer after her home was sold at a foreclosure sale.

The claim was remanded to a Florida district court after the Eleventh Circuit Court of Appeals overturned the lower court’s prior ruling that rejected her allegations against a mortgage servicer. 

Read on to see why a district court has once again dismissed the woman’s claim that her servicer failed to properly notify her that her loan modification was denied.

A New York man filed a class action lawsuit alleging his servicer proceeded with foreclosure sales even when borrowers submitted timely and complete loss mitigation applications. He also claimed the servicer failed to properly evaluate applications or state specific reasons for denying them.

The servicer argued the RESPA claims should be dismissed because the matter had already been judged by a state court.

Read on for the judge’s ruling from the district court in New York.

The Department of Justice (DOJ) has filed a lawsuit alleging a North Dakota company failed to design and construct multifamily residential properties to be accessible for people with disabilities.

The lawsuit states that significant physical accessibility barriers exist at 116 units constructed over a 15-year period, including excessive slopes to entrances and inadequate interior space to maneuver a wheelchair and inaccessible parking.

 Read on for details from the DOJ’s lawsuit.

The Fourth Circuit Court of Appeals has dismissed a Maryland couple’s class action lawsuit accusing their broker of receiving unearned fees by referring customers to a title company for settlement in a “sham” marketing agreement.

The couple sought treble damages of more than $11.2 million, alleging the defendants violated RESPA through an illegal kickback scheme.

Read on for reaction from RESPRO President and Executive Director Ken Trepeta and Ballard Spahr attorneys.

The Department of Justice has filed a lawsuit alleging that a Philadelphia condominium association discriminated against persons with disabilities who need assistance animals, including emotional support and service animals.

The lawsuit arose from a complaint filed by a condo owner with the Department of Housing and Urban Development.

Read on for details from the complaint, which seeks monetary damages, civil penalties and a court order barring future discrimination.

The Department of Justice has agreed to settle a lawsuit accusing an Ohio developer and a franchisor of designing and constructing multifamily properties that are inaccessible to persons with disabilities.

The settlement resolves a 2019 lawsuit accusing the developer of violating the Fair Housing Act (FHA) when they designed and constructed 32 condominium properties in the state with steps and other features that made them inaccessible to persons with disabilities.

Read on for more details from the settlement.

For the second time in a month, the Consumer Financial Protection Bureau (CFPB) has filed a TILA lawsuit against a bank.

The CFPB filed suit Monday against an Illinois-based bank for allegedly opening deposit and credit card accounts in consumers’ names without their knowledge or consent; transferring funds from consumers’ existing accounts to new, improperly opened accounts and activating unauthorized lines of credit on consumers’ accounts.  

Read on for details from the suit.

Solicitor General Noel Francisco was in an unusual position.

While at the Supreme Court March 3 to defend a civil investigative demand, Francisco was immediately put on the defensive by justices because of the Department of Justice’s atypical legal strategy in Seila Law’s case against the Consumer Financial Protection Bureau (CFPB). Justices asked Francisco why the DOJ took the unusual decision not to defend a statute passed by Congress.

Read on for highlights of oral arguments which RESPA News attended in Washingon D.C.