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Zachry Adam Caudell v. NewRez LLC, d/b/a Shellpoint Mortgage Servicing (Apr. 28, 2026)
Posted Date: Monday, May 4, 2026
A borrower sued his mortgage servicer, accusing it of failing to provide a complete accounting of his loan upon request and to conduct a reasonable investigation. The borrower alleged RESPA, Regulation X and Fair Debt Collection Practices Act violations. The servicer filed a motion to dismiss, arguing that it was not a debt collector and that the borrower did not submit a valid qualified written request.
Case Law
Isary Lopez v. Freedom Mortgage Corporation (April 2, 2026)
Posted Date: Monday, April 13, 2026
A borrower sued her mortgage servicer, accusing it of failing to make payments from her escrow account and failing to provide accurate information for loss mitigation options. She alleged breach of contract, negligence and RESPA violations. The servicer moved to dismiss, arguing that her default on the loan breached the contract first and that she failed to allege actual damages under RESPA.
Case Law
Nicholas Manfre v. Fay Servicing, LLC; & US Bank Trust National Association (Mar. 23, 2026)
Posted Date: Thursday, March 26, 2026
A borrower sued his mortgage servicer, accusing it of escrow mismanagement and failing to respond to a qualified written request. The borrowers alleged RESPA, Truth in Lending Act and Fair Debt Collection Practices Act violations. The servicer filed a motion to dismiss, arguing the borrower failed to adequately plead damages.
Case Law
Natalie Young, Successor in Int., estate of James Weatherly, v. Servbank, et al. (Mar. 19, 2026)
Posted Date: Monday, March 23, 2026
A successor-in-interest sued her mortgage servicer, accusing it of failing to conduct a reasonable investigation after receiving a qualified written request. The successor alleged RESPA and Regulation X violations.
Case Law
Amina Kamara, et al., v. Selene Finance, LP (Mar. 18, 2026)
Posted Date: Monday, March 23, 2026
A successor-in-interest sued her mortgage servicer, accusing it of refusing to acknowledge her successor status and failing to properly respond to a qualified written request, in violation of RESPA. The servicer argued that it had no responsibility to respond as she was not a borrower under RESPA. The servicer filed a motion to dismiss.
Case Law
Janine Fraser v. Select Portfolio Servs. Inc. (Mar. 16, 2026)
Posted Date: Thursday, March 19, 2026
A successor-in-interest sued her mortgage servicer, accusing it of failing to properly respond to notices of error and requests for information, violating RESPA. The servicer argued that the woman was not confirmed as a successor and, as such, was not a borrower under RESPA.
Case Law
Nicolas Poorman, et al. v. Servbank, et al. (Mar. 11, 2026)
Posted Date: Monday, March 16, 2026
Two borrowers sued a mortgage servicer, accusing it of failing to respond to several notices of error and requests for information, as well as accusing it of misrepresentation. The borrowers alleged violations of RESPA and the Racketeer Influenced and Corrupt Organizations Act. The mortgage servicer filed a motion to dismiss.
Case Law
David Sellers v. NewRez LLC, d/b/a Shellpoint Mortgage Servicing (Mar. 6, 2026)
Posted Date: Thursday, March 12, 2026
A borrower filed a class action against a mortgage servicer, accusing it of failing to provide monthly statements and of providing false representations in negotiations for a modification agreement. The borrower alleged that the servicer violated consumer protection laws and the Truth in Lending Act (TILA). The servicer argued that it was not subject to TILA, so no violation occurred. The servicer moved for judgment on the pleadings.
Case Law
Christian Swain, et al. v. Essex Mortgage (Jan. 26, 2026)
Posted Date: Thursday, February 5, 2026
Two borrowers alleged that a mortgage servicer has been unlawfully collecting payments and furnishing credit information on their loans, claiming the servicer was acting as a debt collector without legal interest or servicing rights in violation of the Fair Debt Collection Practices Act. The borrowers also accused the servicer of violating RESPA by failing to respond to a qualified written request. The servicer filed a motion to dismiss.
Case Law
PNC Bank, N.A., successor by merger to National City Bank v. Seneca Leandro View, LLC (Jan. 15, 2026)
Posted Date: Thursday, January 22, 2026
The owner of a mortgaged premises challenged a summary judgment in favor of PNC Bank regarding the foreclosure of the premises, alleging that PNC failed to respond to a qualified written request in violation of RESPA. PNC argued that it had no duty to respond as the mortgage loan involved a home equity line of credit, which is not subject to RESPA.
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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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