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Case Law


Results 1 - 10 of 1517

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.
Case Law

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.
Case Law

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.
Case Law

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.
Case Law

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.
Case Law

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.
Case Law

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.
Case Law

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.
Case Law

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.

Case Law

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.
Case Law
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RESPA News Monthly
April 2023

Cover Story:

‘That is the end of it’: Court dismisses CFPB redlining complaint against Townstone


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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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