A borrower whose servicer settled a foreclosure proceeding for errors the servicer made in calculating escrow payments alleged that he still was being overcharged after the settlement.
His complaint against the servicer and Fannie Mae alleged that the companies did not respond to his qualified written request and refused to investigate and correct errors in his account.
The U.S. District Court in Maine ruled that the borrower was able to prove the ability to claim both actual and statutory damages, as well as proving a claim that Fannie Mae should be vicariously liable for damages, thus denying a motion to dismiss the RESPA allegations against both parties. Read on to see how the court reached its decision.
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