A Las Vegas man who fell behind on his mortgage payments was facing foreclosure on his property and filed a qualified written request (QWR) with his servicer.
The day his servicer responded, he also received notice of sale for the foreclosure sale of his property. The borrower sued, citing violations of RESPA for failure to comply in responding to his QWR and alleging his servicer secretly encouraged the lender to foreclose.
The district court found the borrower was able to sufficiently plead that his servicer failed to comply with RESPA. But did he sufficiently allege actual damages? Read on for the ruling.
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