A borrower fighting foreclosure on her New York home sued her servicer in federal court for allegedly failing to provide her with disclosures required under RESPA for money that should have been returned to her for Hurricane Sandy home repairs.
The servicer argued the state court previously ruled on her claims in its foreclosure case.
The borrower alleged the RESPA claim was not barred by the trial court’s foreclosure judgment because it stated a claim for dual tracking under the Dodd-Frank Act that was never adjudicated.
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