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Orrick, Herrington & Sutcliffe LLP | USA | 12 May 2023
District Court denies servicer’s claims that it never received QWR
The U.S. District Court for the Eastern District of Missouri recently considered whether a mortgage servicer received a borrower’s qualified written…
Maurice Wutscher LLP | USA | 12 May 2023
Illinois App. Court (1st Dist) Holds ‘Small Servicer’ Exempt from RESPA Loss Mitigation Rules
The Appellate Court of Illinois, First District, recently held that a borrower failed to identify any meritorious defense sufficient to stop or undo…
Orrick, Herrington & Sutcliffe LLP | USA | 12 Apr 2023
District Court dismisses RESPA claims asserting servicer failed to respond to QWRs
The U.S. District Court for the Western District of Washington recently ruled on a loan servicer’s motion for summary judgment concerning claims that…
Mayer Brown | USA | 10 Apr 2023
The FDIC’s Observations on Lead Generation and RESPA Compliance
Lead generation and the Real Estate Settlement Procedures Act (“RESPA”) compliance remain hot topics following the Consumer Financial Protection…
Mayer Brown | USA | 23 Mar 2023
RESPA Compliance for Lead Generators: Recent CFPB Guidance Addresses Digital Comparison Shopping Platforms
Can online lead generation be done while remaining compliant under Section 8 of the Real Estate Settlement Procedures Act (“RESPA”)? The answer is…
Gordon Feinblatt LLC | USA | 21 Feb 2023
Maryland Legal Alert - February 2023
On February 1, 2023, the Consumer Financial Protection Bureau (CFPB) issued a proposed rule to alter credit card late fee safe harbor amounts…
Riker Danzig LLP | USA | 7 Feb 2023
Maryland Court Illustrates the Unique Challenges of RESPA Class Actions
In Morgan v. Caliber Home Loans, Inc., 2022 U.S. Dist. LEXIS 208704 (D. Md., Nov. 16, 2022, No. 8:19-cv-02797-PX), the United States District Court…
Riker Danzig LLP | USA | 17 Jan 2023
Florida Court Denies RESPA Claim Based on Mortgage & Promissory Note Rights Dichotomy
In the recently-decided matter of Fis v Newrez, LLC, LEXIS 233104 (SD Fla. Dec. 28, 2022, No. 22-81364), the United States District Court for the…
Riker Danzig LLP | USA | 30 Nov 2021
Hawaii Federal Court Dismisses Time-Barred RESPA and TILA Claims
The United States District Court for the District of Hawaii recently dismissed claims against defendants HomeStreet Bank and Penny Mac in a case that…
Mayer Brown | USA | 13 Oct 2020
CFPB Replaces Cordray-Era MSA Guidance with New RESPA Section 8 FAQs
The Real Estate Settlement Procedures Act (“RESPA”) in general, and Section 8 of RESPA in particular, are ambiguous. Compliance often turns on the…
