Homeowners in Ohio sued their loan servicer for violations of RESPA, stemming from the servicer’s failure to timely provide a response to a loan modification application.
The servicer moved for summary judgment, arguing there was “undisputed evidence” of the mailing of the response.
The judge denied summary judgment to both parties, ruling there were genuine issues of material fact about the notice. How could “undisputed evidence” have genuine issues? Read on for the details.
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