A Missouri federal court has granted summary judgment to IndyMac Mortgage Services in a case where the plaintiffs allege the company failed to properly respond to its qualified written request for information on the servicing of their mortgage loan, in violation of RESPA 2605(e)(2)(5)(i). However, in the case of Vitela v. Indymac Mortgage Services (U.S. District Court, E.D. Missouri, Eastern Division, No. 4:13–CV–747–JAR), IndyMac was able to prove otherwise.
In April 2007, George and Laura Vitela secured a $191,700 loan from Newcastle Mortgage Corp. and signed an adjustable rate note secured by a deed of trust on property in Ballwin, Mo. In March 2009, IndyMac, a division of OneWest Bank FSB, began servicing the loan.
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