11th Circuit Draws a Line on Actual Damages Under RESPA
In Baez v. Specialized Loan Servicing, LLC, 16-17292, 2017 WL 4220292 (11th Cir. Sept. 22, 2017) the Eleventh Circuit Court of Appeal recognized a limit…
RESPA
TRID: New Requirements for Real Estate Closing Disclosures Are Here, Will There be A Grace Period?
It's finally here. Over the weekend, the Consumer Financial Protection Bureau's (CFPB) long awaited and oft delayed integration of the disclosures required by the Federal…
Federal Courts Rejecting Hyper-Technical Claims on Reg X Notice of Error/Request for Information Provisions
In Russell v. Nationstar Mortgage, LLC, No. 14-61977-CIV, 2015 WL 5029346, at 5 (S.D. Fla. Aug. 26, 2015), United States District Court Judge Beth Bloom…
TRID: New Mortgage Loan and Real Estate Closing Disclosure Requirements Already Causing Headaches
The long heralded TILA/RESPA Integrated Disclosures (TRID) are coming, and they are already causing some headaches in the real estate market. Congress provided for the…
PHH Wins Stay of $109M CFPB Enforcement Penalty
On August 5, 2015, PHH Corp. ("PHH") won a stay of the $109M penalty handed down by Consumer Financial Protection Bureau ("CFPB") director Rich Cordray.…
Second Circuit Holds Mortgagor’s Written Request for Information Does Not Qualify as a QWR When Not Sent to the QWR Designated Address
In Roth v. CitiMortgage Inc., 2014 WL 2853549 (2nd Cir. June 24, 2014), the Second Circuit held that although a mortgage had three letters requesting…
Middle District of Florida Holds that Determining Date of Alleged RESPA Violations Requires Additional Factual Development in Order to Determine Effectiveness of CFPB’s Mortgage Rules
In Bryan v. Federal National Mortgage Association, 2014 WL 2988097 (M.D. Fla. July 2, 2014), plaintiffs alleged violations of RESPA and the applicable regulations set…
Litigation Exposure Under the 2013 Dodd-Frank Mortgage Servicing Regulations
On July 10, 2013, the CFPB issued mortgage rules under Regulation Z and Regulation X pursuant to its authority under the Dodd-Frank Act. The CFPB…
Eastern District of California Holds That 10-Day QWR Response Deadline Does Not Apply Retroactively
In Schneider v. Bank of Am. N.A., No. 2:11-CV-2953-LKK-EFB PS, 2013 WL 1281902 ( E.D. Cal. Mar. 26, 2013), the Eastern District of California dismissed…
Pennsylvania Federal Court: Plaintiff’s Allegations of Concealment of RESPA Claim Sufficient to Survive Statute of Limitations Dismissal
In Riddle v. Bank of America Corp., et al., 2013 WL 1482668 (E.D. Pa. Apr. 11, 2013), the federal district court for the Eastern District…