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36 results found

Article

Maurice Wutscher LLP | USA | 16 Apr 2019

5th Cir. Holds Providing Reason for Loss Mit Denial Once Is Enough Under RESPA

The U.S. Court of Appeals for the Fifth Circuit recently held that a mortgage servicer only had to comply with the federal Real Estate Settlement

Article

Maurice Wutscher LLP | USA | 28 Jan 2019

5th Cir. Holds Lender Not Vicariously Liable for Servicer’s Alleged RESPA Violations

In a case of first impression, the U.S. Court of Appeals for the Fifth Circuit recently held that a lender was not vicariously liable for a loan

Article

Maurice Wutscher LLP | USA | 25 Jan 2019

5th Cir. Finds Ambiguity in Deed of Trust’s Provisions for Real Estate Taxes and Escrow

The U.S. Court of Appeals for the Fifth Circuit held that ambiguity in the deed of trust regarding the lender’s right to pay real estate taxes and

Article

Maurice Wutscher LLP | USA | 4 Dec 2018

7th Cir. Holds Attorney’s Fees and Emotional Distress Not ‘Actual Damages’ for RESPA QWR Claim

The U.S. Court of Appeals for the Seventh Circuit recently affirmed a trial court’s finding that a servicer did not violate the federal Real Estate

Article

Maurice Wutscher LLP | USA | 7 May 2018

7th Cir. Holds RESPA’s QWR Provisions Require Actual Damages Caused by the Violation

The U.S. Court of Appeals for the Seventh Circuit recently affirmed a trial court’s finding that a servicer did not violate the federal Real Estate

Article

Maurice Wutscher LLP | USA | 16 Apr 2018

8th Cir. Rules No RESPA Penalty Without Actual Damages or Similar Acts With Other Borrowers

The U.S. Court of Appeals for the Eighth Circuit held that, under the federal Real Estate Settlement Procedures Act, because the borrower did not

Article

Maurice Wutscher LLP | USA | 22 Mar 2018

SD Fla. Rejects Borrower’s Effort to Exclude Evidence of Reasonableness of Lender-Placed Insurance Premiums

The U.S. District Court for the Southern District of Florida recently denied a borrower’s motion to exclude testimony of an insurer’s expert

Article

Maurice Wutscher LLP | USA | 12 Feb 2018

10th Cir. Holds Borrower’s FDCPA, Other Claims Not Barred by Rooker-Feldman After Non-Judicial Foreclosure

The U.S. Court of Appeals for the Tenth Circuit recently held that the Rooker-Feldman doctrine did not bar the trial court from considering the

Article

Maurice Wutscher LLP | USA | 5 Sep 2017

11th Cir. Holds Servicer Did Not Violate RESPA by Omitting Loan Owner’s Phone Number, Damages Allegations Insufficient

In an unpublished ruling, the U.S. Court of Appeals for the Eleventh Circuit recently held that a mortgage servicer did not violate the federal Real

Article

Maurice Wutscher LLP | USA | 22 Aug 2017

11th Cir. Confirms Servicer May Designate Address for QWRs

The U.S. Court of Appeals for the Eleventh Circuit recently affirmed a summary judgment ruling in favor of a mortgage servicer, holding that the

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