When does a company’s non-response to qualified written requests become a pattern of non-compliance, and thus statutory damages as they are applied under RESPA?
Is five letters enough? A borrower in New Jersey argued that its servicer’s failure to respond to five QWRs was enough to show a pattern or practice of non-compliance. The servicer cited an earlier case when the New Jersey District Court ruled that a company which failed to respond to five letters until six months after the first was sent did not rise to the level of statutory damages.
This time, however, the district court ruled that the borrower provided a sufficient showing of statutory damages. Why? Read on to find out.
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