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Case Law


Results 1 - 10 of 1850

FTC sues companies, alleging mortgage assistance relief scam

Monday, June 8, 2026

The Federal Trade Commission filed a complaint against Accounting Business Consultants, Inc, doing business as National Amendment Assistance, and numerous other mortgage assistance companies, accusing them of deceiving consumers and charging unlawful advance fees. The court granted a temporary restraining order the next day.

Case Law

CFPB sued over ECOA final rule that removes disparate impact

Monday, June 1, 2026

National Faith Housing Alliance, Rise Economy, BLDS, LLC, and SolasAI sued the Consumer Financial Protection Bureau (CFPB) regarding its recent final rule that amended Regulation B, the implementing regulation of the Equal Credit Opportunity Act (ECOA). The plaintiffs argued that the CFPB relied on “conclusory assertions and speculation, not evidence, to depart from decades of settled ECOA implementation.”

Case Law

Rocket says borrowers in class action fail to show RESPA safe harbor doesn’t apply

Thursday, May 28, 2026

On May 28, Rocket Companies filed a reply brief of its motion to dismiss a class action that alleged steering practices, claiming that the borrowers lack Article III standing and failed to demonstrate that cooperative brokerage safe harbor does not apply.

Case Law

Compass, MRED argue Zillow’s alleged harm was ‘self-inflicted’ in antitrust case

Thursday, May 28, 2026

Defendants Compass, Inc. and Midwest Real Estate Data LLC filed their respective responses to Zillow’s motion for a preliminary injunction and a temporary restraining order in the parties’ recent antitrust case, arguing that Zillow’s alleged “irreparable harm” was “self-inflicted.” A judge then granted in part and denied in part the motion for a temporary restraining order.

Case Law

Zillow seeks injunction in antitrust case against Chicagoland MLS, Compass

Monday, May 25, 2026

In a recent filing in Zillow’s antitrust against Midwest Real Estate Data (MRED) and Compass, Zillow argued that the MRED-Compass agreement to block Zillow’s access to MRED’s listing feeds would cause “irreparable harm.”

Case Law

Rocket Mortgage sues UWM for $100M, alleging prohibited solicitation activity

Sunday, May 17, 2026

Rocket Mortgage LLC, doing business as Mr. Cooper, filed a lawsuit against United Wholesale Mortgage, LLC (UWM), alleging that UWM breached a non-solicitation agreement and cost Rocket millions of dollars through implementing initiatives “designed to … solicit mortgagors for refinances.”

Case Law

Zillow sues Chicagoland MLS, Compass, alleging anticompetitive practices

Thursday, May 14, 2026

Zillow Group, Inc. filed an antitrust and anticompetitive lawsuit against Midwest Real Estate Data LLC and Compass Illinois, Inc., alleging that the parties conspired to use MRED’s monopoly power in Chicagoland residential real estate listing creation and distribution to protect their private listing networks (PLNs) from competition and to compel Zillow to display their PLN listings.

Case Law

Veterans United says amended class action ‘adds volume, not substance’

Monday, May 11, 2026

On May 4, veterans filed an amended class action complaint in their antitrust suit against Veterans United Home Loans, which introduced testimony from real estate agents and loan officers and alleged three new violations of state consumer protection laws. Veterans United told RESPA News the amended complaint “adds volume and hyperbole, not substance.”

Case Law

Borrowers allege lender breached 2021 settlement agreement

Monday, May 11, 2026

Two borrowers filed civil action against Rushmore Loan Management Services LLC and Nationstar Mortgage LLC, doing business as Rushmore Servicing, alleging that Rushmore violated a 2021 settlement agreement by charging fees that should have been extinguished under the agreement.

Case Law

Nationstar sued for RESPA violations, escrow mismanagement

Thursday, May 7, 2026

A borrower filed a civil complaint for damages against Nationstar Mortgage LLC, doing business as Mr. Cooper, for allegedly violating RESPA by failing to respond to several qualified written requests in a timely manner and failing to properly disburse tax payments from an escrow account.

Case Law
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RESPA News Monthly
June 2026

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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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