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Foley & Lardner LLP | USA | 25 May 2017

Fleeting Glimpse of RESPA Issues in PHH Argument as Court Focuses on Bureau Constitutionality

Although the RESPA issues were addressed in the briefs filed by the parties in the PHH case, at oral argument this week the parties and the en banc D


Mayer Brown | USA | 13 Jul 2016

The Risks of Changing One’s Mind

It is by now settled that federal agencies have broad authority to fill the gaps left by Congress. When an agency has been entrusted with


Maurice Wutscher LLP | USA | 8 Sep 2015

9th Circ. reverses denial of class certification in RESPA Section 8 action

The U.S. Court of Appeals for the Ninth Circuit recently held that the district court abused its discretion in denying a Plaintiff’s motion to certify


Maurice Wutscher LLP | USA | 7 Sep 2015

FYI: 9th Cir reverses denial of class cert in RESPA section 8 action, declines deference to CFPB amicus

The U.S. Court of Appeals for the Ninth Circuit recently held that the district court abused its discretion in denying a plaintiff's motion to


Buckley LLP | USA | 4 Sep 2015

Ninth Circuit rules against title insurer in long-running RESPA litigation

On August 24, the Ninth Circuit held that a title insurer’s equity investments in title agencies in exchange for agreements that the agencies would


Locke Lord LLP | USA | 30 Jul 2014

Ninth Circuit clarifies pleading standards for TILA rescission and applies equitable tolling to RESPA claims

On July 16, the Ninth Circuit Court of Appeals issued its decision in Merritt v. Countrywide Financial Corporation NA, No. 09-17678 (July 16, 2014)


Buckley LLP | USA | 8 Nov 2013

CFPB files brief in long-running RESPA case

On October 30, the CFPB filed an amicus brief in Edwards v. First American, a long-running case concerning the anti-kickback provisions of the Real


Foley & Lardner LLP | USA | 4 Feb 2013

“Qualified written request” under RESPA no “magic” words, but the right questions must be asked

For the first time, the federal Court of Appeals for the Ninth Circuit recently opined on what constitutes a "qualified written request" under the


Dykema Gossett PLLC | USA | 14 Dec 2012

9th Circuit expands definition of a RESPA qualified written request but limits its application

One of the most common issues facing mortgage servicers is how to respond to the thousands of borrower inquiries received every day.


Allen Matkins Leck Gamble Mallory & Natsis LLP | USA | 17 Sep 2012

Recent Ninth Circuit decision emphasizes importance of remaining vigilant and current in connection with consumer finance regulation compliance

In the wake of the mortgage crisis, loan servicers are receiving increasing numbers of borrower inquiries made pursuant to a variety of federal statutes, including the Truth in Lending Act ("TILA") and the Real Estate Settlement Procedures Act ("RESPA").

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