In a RESPA case concerning a servicer’s compliant response to a qualified written request the borrower alleged the servicer’s failure to adequately respond to the QWR led to actual damages.
A federal district court in Ohio examined first whether the response was sufficient. Once it determined that the servicer had not complied with RESPA in its response, the court addressed the claim of actual damages.
In doing so, the court upheld the borrower’s claims of actual damages and allowed the RESPA complaint to survive a motion to dismiss from the servicer. What did the borrower choose for actual damages to survive the motion? Read on for the answer.
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