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Case Law


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Settlement possible in Maryland alleged kickback scheme

Posted Date: Thursday, April 22, 2021

A group of Maryland homeowners who accused their mortgage company’s branch managers, loan officers and agents of accepting illegal kickbacks in exchange for referrals to a specific title company have agreed to start settlement discussions with the lender.

A judge dismissed the case last year after the mortgage company argued its payments to the title company fall within RESPA Section 8(a)’s safe harbor provision. However, the plaintiffs were later granted a motion for reconsideration. Read on for the latest in the case.

Case Law

CFPB sues online debt-settlement company

Posted Date: Monday, April 19, 2021

The Consumer Financial Protection Bureau (CFPB) has filed a lawsuit against an online debt-settlement company for allegedly failing to disclose its relationship to certain creditors, and steering consumers into high-cost loans offered by affiliated lenders.

The CFPB filed a complaint in U.S. District Court Central District of California alleging the company engaged in abusive acts or practices under the Consumer Financial Protection Act and violated the Telemarketing Sales Rule.

Read on for details.

Case Law

DOJ files 21st sexual harassment in housing suit

Posted Date: Thursday, April 15, 2021

The Department of Justice (DOJ) has filed a sexual harassment lawsuit against a pair of Pennsylvania landlords.

The lawsuit alleged a male sexually harassed a female tenant in April 2019 after he entered her home to perform maintenance, and the former tenant was evicted after she reported the harassment. The lawsuit arose from a complaint the woman filed with the Department of Housing and Urban Development (HUD). 

Read on for details from the DOJ and HUD.

Case Law

Texas woman accuses servicer of violating foreclosure moratorium

Posted Date: Monday, April 12, 2021
A Texas woman has filed a lawsuit claiming the servicer’s planned foreclosure of her property violates the foreclosure moratorium of the CARES Act.

The plaintiff alleged she sent the servicer a hardship letter requesting a COVID-19 forbearance. She alleged the servicer failed to respond to the forbearance request and refused to cancel the scheduled foreclosure sale.

The servicer sought attorneys’ fees and costs against the plaintiff. Read on to see a magistrate’s recommendations.

Case Law

DOJ settles lawsuit against real estate agency

Posted Date: Monday, April 5, 2021

The Department of Justice (DOJ) has reached a settlement with a New York real estate agency accused of violating the Fair Housing Act by discriminating against African Americans.

“Today’s settlement reflects the department’s continued commitment to uncover and eliminate discrimination in all forms and to ensure equal access to housing regardless of race,” Principal Deputy Assistant Attorney General Pamela Karlan of the Civil Rights Division said in a release.

Read on for details.

Case Law

Indiana judge issues ruling in TRID lawsuit over false default status

Posted Date: Monday, March 29, 2021
An Indiana borrower claimed her servicer initiated foreclosure action against her after failing to respond to notice of errors regarding a false default status on her home loan.

She also alleged the servicer violated TILA by breaching its duty to send interest rate and payment change notices, failing to promptly credit payments, failing to send periodic mortgage statements and breaching its duty to provide a timely payoff statement.

Read on to see how a judge ruled in the case.

Case Law

Texas court: Successor in interest not a borrower under RESPA

Posted Date: Thursday, March 25, 2021

A Texas woman claimed her servicer failed to provide her with information or documentation regarding her mortgage loan after she allegedly provided notice she was the former owners’ successor in interest.

Instead, the servicer accelerated the loan and posted the property for foreclosure, according to the plaintiff’s lawsuit.

Caliber argued the RESPA claim should be dismissed. Read on to see why a federal magistrate agreed with the servicer.

Case Law

Loan officer tied to Genuine Title RESPA action receives reduced fine

Posted Date: Monday, March 22, 2021
A Maryland loan officer accused of violating a ruling barring him from the mortgage industry for his role in a kickback scheme has been given a reduced fine for defying a consent order.

Gary Klopp – who was banned from the mortgage industry for two years - previously settled allegations that he and his companies violated RESPA by receiving kickbacks totaling more than $500,000 from the now-defunct Genuine Title. Read on for details.

Case Law

Ohio class action RESPA case dismissed

Posted Date: Monday, March 15, 2021

A federal judge has dismissed a class action RESPA lawsuit filed by an Ohio woman who claimed her servicer failed to timely and properly respond to her requests for information (RFI) and notices of error (NOE).

The servicer argued the claims should be dismissed because the purported RFIs and NOEs did not relate to “servicing” of the loan and the plaintiff failed to allege damages.

Read on for highlights of the ruling.

Case Law

REX files antitrust suit against NAR, Zillow

Posted Date: Thursday, March 11, 2021

An Austin, Texas real estate technology company has filed a federal antitrust complaint against Zillow and the National Association of Realtors (NAR). 

REX – incorporated as Real Estate Exchange, Inc. – was launched in 2015 and uses technology to enhance efficiency and reduce brokerage commissions. 

Read on for details from the new lawsuit against NAR, which faces multiple other suits alleging illegal restraints on trade.

Case Law
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“The sale of a loan after the original funding of the loan at settlement is a secondary market transaction. Such a sale is exempt from RESPA coverage as a secondary market transaction."

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12 USC Section 2605 or Section 6 is titled Servicing of mortgage loans and administration of escrow accounts. It pertains to qualified written requests, notices of transfer of servicing and the administration of escrow accounts.
An arrangement that involves a person who is in a position to refer business as part of a real estate settlement service and who has an interest in a settlement services provider.

In the arrangement, the person, who has either an affiliate relationship with or a direct or beneficial ownership interest of more than one percent in a settlement services provider, directly or indirectly refers business to that provider or influences a consumer to select that provider.
An arrangement that involves a person who is in a position to refer business as part of a real estate settlement service and who has an interest in a settlement services provider.

In the arrangement, the person, who has either an affiliate relationship with or a direct or beneficial ownership interest of more than one percent in a settlement services provider, directly or indirectly refers business to that provider or influences a consumer to select that provider.
A mortgage disclosure that lists all estimated charges and fees associated with your loan. In addition to fees and charges, it will list your loan amount, mortgage rate, loan term and estimated monthly payment. Your escrows due at closing for insurance and taxes will also be outlined. Mortgage lenders are legally required to provide a GFE within three days of receiving your application.
A mortgage disclosure that lists all estimated charges and fees associated with your loan. In addition to fees and charges, it will list your loan amount, mortgage rate, loan term and estimated monthly payment. Your escrows due at closing for insurance and taxes will also be outlined. Mortgage lenders are legally required to provide a GFE within three days of receiving your application.
Under RESPA Section 2605(e)(1)(B), a qualified written request is a written correspondence that includes: 1) the name and account of the borrower, or has enough information to allow the servicer identify that information; and 2) a statement of the reasons for the belief of the borrower that the account is in error or provides sufficient detail to the servicer regarding other information sought by the borrower.

A QWR cannot be written on a payment coupon or other payment medium supplied by the servicer.
Under RESPA Section 2605(e)(1)(B), a qualified written request is a written correspondence that includes: 1) the name and account of the borrower, or has enough information to allow the servicer identify that information; and 2) a statement of the reasons for the belief of the borrower that the account is in error or provides sufficient detail to the servicer regarding other information sought by the borrower.

A QWR cannot be written on a payment coupon or other payment medium supplied by the servicer.
12 USC Section 2609 or Section 10 is titled Limitation on requirement of advance deposits in escrow accounts. It governs escrow accounts including notifications and statements to borrowers. Section 10 also sets out penalties for those who violate the section.
RESPA Section 3 provides that a thing of value includes any payment, advance, funds, loan, service or other consideration

Regulation X says thing of value includes: monies, things, discounts, salaries, commissions, fees, duplicate payments of a charge, stock, dividends, distributions of partnership profits, franchise royalties, credits representing monies that may be paid at a future date, the opportunity to participate in a money-making program, retained or increased earnings, increased equity in a parent or subsidiary entity, special bank deposits or accounts, special or unusual banking terms, services of all types at special or free rates, sales or rentals at special prices or rates, lease or rental payments based in whole or in part on the amount of business referred, trips and payment of another person’s expenses or reduction in credit against an existing obligation.
A form used by a settlement or closing agent itemizing all charges imposed on a borrower and seller in a real estate transaction. This form represents the closing transaction and provides each party with a complete list of incoming and outgoing funds. RESPA requires the HUD-1 to be used as the standard real estate settlement form in all transactions in the U.S. involving federally related mortgage loans.
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