A Michigan borrower claimed his lender required him to put his residential property into a separate commercial entity to circumvent the requirements of RESPA, TILA and the Dodd-Frank Act.
The lender then allegedly failed to properly respond to a notice of error (NOE) regarding an erroneous amount of unpaid property taxes after initiating foreclosure proceedings when the borrower allegedly defaulted on two separate mortgages.
The lender argued the borrower’s RESPA claim should be dismissed because the loan was commercial, not residential.
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