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Class certified in RESPA kickback lawsuit against bank

Posted Date: Thursday, March 16, 2023

The plaintiffs of a lawsuit out of the Federal District Court of Maryland petitioned for class certification in their RESPA and antitrust claims against Eagle National Bank.

The action alleged the bank and All Star Title, Inc. violated RESPA via illegal kickbacks disguised as a marketing agreement and the Sherman Act’s prohibition on price fixing.

Read on for more details.

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Let’s talk Townstone: How a small broker beat the CFPB on redlining

Posted Date: Thursday, March 16, 2023

For years, the Consumer Financial Protection Bureau has been using its authority under the Equal Credit Opportunity Act and Regulation B to address what it calls “modern day redlining.”

RESPA News sat down with key members of the prevailing legal team who defended a small mortgage company in Chicago against such allegations to discuss how the case came to be and how the ruling will impact the bureau’s enforcement strategy.

Read on to hear more on CFPB v. Townstone Financial.

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Government brings suit against Hawaii property developers

Posted Date: Thursday, March 9, 2023

In a federal district court in Hawaii, the U.S. government sued the developers and contractors of several multifamily properties for failing to design and construct facilities in ways that are accessible to persons with disabilities.

The court considered motions for summary judgment where defendants argued they could not be held liable under the Fair Housing Act based on whether the work was considered external or internal.

Read on for more details.

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Ohio court opines on motion to dismiss in RESPA case

Posted Date: Thursday, March 2, 2023

In the Northern District of Ohio, Eastern division, a federal judge considered a mortgage servicer’s motion to dismiss RESPA claims against it.

The case involved a loan modification from 2009, a disputed balloon payment, and an official request for information under the act.

Read on for more details.

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Widespread refusal of housing choice vouchers sparks lawsuit

Posted Date: Thursday, March 2, 2023

The Housing Rights Initiative (HRI), a national housing watchdog group, filed a lawsuit against 77 landlords and brokers of housing accommodations in New York City, alleging the widespread refusal to accept housing choice vouchers unlawfully discriminated against potential tenants on the basis of race and disability.

The court’s opinion addressed several motions to dismiss and for summary judgment from the defendants, alleging HRI lacked standing and failed to state a claim upon which relief can be granted.

Read on for more details.

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SCOTUS grants cert to hear CFPB funding structure case

Posted Date: Monday, February 27, 2023

The Supreme Court of the United States granted the Consumer Financial Protection Bureau’s (CFPB) petition for writ of certiorari to hear its appeal against the Fifth Circuit Court ruling the bureau’s funding structure is unconstitutional. The date for oral arguments is to be determined.

The court hearing the appeal this term means a potentially speedy determination on the Fifth Circuit’s reasonings why the CFPB’s funding structure is an impermissible delegation of Congress’ appropriations authority, while waiting until next term may put the bureau in operational limbo in the meantime, as the CFPB asserted in its brief.

Read on for more details.

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Citigroup motion to dismiss RESPA case denied

Posted Date: Monday, February 27, 2023

The U.S. District Court of New Hampshire heard Citigroup’s motion to dismiss in a case where the plaintiff alleges the servicer of her mortgage loan, a Citigroup’s agent in this matter, violated RESPA when processing her loss mitigation application.

The plaintiff, representing herself pro se, alleged the servicer failed to process her loss mitigation, refused to communicate the status of her application, and caused undue delay.

Read on for more details.

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HAMP modification error leads to complaint against Wells Fargo

Posted Date: Friday, February 17, 2023

When Eduardo and Julia Garcia suffered financial difficulties during the Great Recession, they attempted to apply for a modification under then-President Barack Obama’s Home Affordable Mortgage Program through their servicer Wells Fargo.

Wells Fargo erroneously denied the modification, resulting in the Garcias losing their home. While part of a class action suit related to the denial, the Garcias also brought suit under the Illinois Consumer Fraud and Deceptive Business Practices Act.

To learn the judge’s ruling on Wells Fargo’s motion for summary judgment, read on.

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Philly condo files JNOV motion in FHA case

Posted Date: Friday, February 17, 2023

The Department of Justice (DOJ) brought suit on behalf of a person with disabilities who has need of an emotional support animal (ESA) against the management association of the Dorchester Apartments in Philadelphia.

The DOJ alleged the condo’s owners association adopted regulations and/or engaged in a pattern or practice to prevent or delay approval for residents’ ESA accommodation requests. After a split verdict at trial, the condo moved for judgment notwithstanding verdict (JNOV).

Read on for more details.

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Summary judgment denied in FHA case; landlord didn’t listen to property manager

Posted Date: Thursday, February 16, 2023

A dispute over a service animal resulted in a lawsuit from both the tenant and the U.S. government against a Mississippi landlord who did not listen to his property management company when attempting to evict said tenant who had been granted a reasonable accommodation.

The U.S. District Court of the Northern District of Mississippi heard both parties’ motions for summary judgment, denying the landlord’s but partially granting the tenant’s.

For more details about the case, read on.

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