A federal judge recently upheld a jury’s $3.5 million verdict for an Illinois woman who claimed her loan servicer’s responses to her qualified written requests failed to comply with RESPA’s investigation and explanation requirements.
The plaintiff alleged the servicer’s actions resulted in emotional distress and her being fired from her job.
Read on to see why the borrower prevailed on all her claims, and why the servicer’s conduct was deemed “reprehensible” by the judge.
Is it possible to be foreclosed upon even though you have always paid ahead on your mortgage? A California borrower says it happened to him.
The plaintiff said he was not timely notified that his loan had been transferred, and asked a federal judge to stay the foreclosure sale of his home until his RESPA case against his new servicer is resolved.
Read on for the judge’s ruling.
Oral arguments became contentious Tuesday in the case of a Mississippi payday loan company alleging a lawsuit filed by the Consumer Financial Protection Bureau should be dismissed because the agency is unconstitutional.
A three-judge panel in New Orleans heard arguments stemming from the CFPB’s case against All American Check Cashing, which asked the court to consider an unusual choice to provide the defendant relief.
Read on for highlights of the hearing.
An Ohio plaintiff whose house was foreclosed upon proved two RESPA violations against her servicer for missing deadlines related to loss mitigation paperwork.
However, a federal magistrate found the borrower failed to prove she suffered any emotional or financial damages for the delays.
Read on for highlights of the court’s opinion, which acknowledged the defendant failed to respond to the plaintiff’s loss mitigation within the required five days.
A Virgin Islands borrower whose house was damaged during Hurricane Maria claimed his lender let his windstorm insurance policy lapse three years earlier without notifying him.
The lender argued neither equitable tolling nor the continuing violations doctrine can rescue the claims, which are barred by RESPA’s three-year statute of limitations.
Read on to see whether a federal judge granted the motion to dismiss on the RESPA claim.
The Consumer Financial Protection Bureau has filed a lawsuit to enforce a civil investigative demand against a New York debt collection company that is claiming state ethics rules prevent it from complying with some of the requests.
The bureau recently petitioned a federal court to require the law firm to show cause as to why it should not be required to adhere with the CID that was issued in 2017.
Read on for details from the suit.
A Massachusetts couple claimed their servicer failed to timely acknowledge and respond to a notice of error (NOE) after a foreclosure sale.
The servicer argued there was no private cause of action to sue for a RESPA violation, but the district court judge cited text from the Consumer Financial Protection Bureau to determine there was a private cause of action under § 1024.35.
Read on for highlights of the district judge’s opinion, which allowed the defendant’s other RESPA claim to move forward in the court system.
A Michigan borrower whose house was destroyed by fire after his homeowners’ insurance policy was canceled filed a RESPA claim against his servicer for failing to pay the premiums out of escrow.
The servicer filed for summary judgment on a motion to dismiss, arguing the borrower failed to demonstrate that any particular sections of RESPA and/or Regulation X were violated.
What did a judge decide? Read on for details of the decision.
A group of New Jersey borrowers claimed their lender referred loans to their settlement service provider for illegal kickbacks.
The servicer argued the claims should be dismissed because they are barred by RESPA’s one-year statute of limitations and are too individualized to warrant class treatment.
Read on to see why a federal judge denied the defendants’ motion to dismiss against Wells Fargo and Patriot Land Transfer.
A Maryland loan officer accused of violating a ruling barring him from the mortgage industry for his role in a kickback scheme is arguing the terms of his sanction were too ambiguous.
However, regulators are claiming there is nothing confusing about the district’s court’s ruling.
Read on for highlights of court briefs on both sides of the battle, which stemmed from a scheme involving Wells Fargo, JPMorgan Chase and the now-defunct Genuine Title.
more RESPA Tips »
Cover Story: