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142 results found


Riker Danzig Scherer Hyland & Perretti LLP | USA | 6 Jun 2017

Michigan District Court Dismisses Plaintiff’s Wrongful Foreclosure Action for Failure to State a Claim

The United States District Court for the Eastern District of Michigan recently dismissed plaintiff debtor’s complaint seeking to have the foreclosure


Riker Danzig Scherer Hyland & Perretti LLP | USA | 25 May 2017

Sixth Circuit Holds That Servicer Does Not Have Duty to Respond to Multiple Modification Applications Under RESPA

The United States Court of Appeals for the Sixth Circuit recently upheld the dismissal of a borrower’s Real Estate Settlement Procedures Act


McGuireWoods LLP | USA | 5 Aug 2016

CFPB Issues Final Mortgage Servicing Rules

On August 4, 2016, the Consumer Financial Protection Bureau (CFPB) issued its long-awaited final mortgage servicing rule under the Real Estate


Dykema Gossett PLLC | USA | 18 Oct 2011

CFPB releases mortgage servicing

On October 13, 2011, the Consumer Financial Protection Bureau (“CFPB” or the “Bureau”) announced its initial approach to supervising mortgage servicers.


Kelley Drye & Warren LLP | USA | 28 Jan 2011

Lender cannot take advantage of RESPA safe harbor unless it provides notice of the account correction

Saul Catalan and Mia Morris bought a home in Matteson, Illinois in mid-2003.


Foley & Lardner LLP | USA | 30 Dec 2010

Third Circuit holds mortgage escrow cushion subject to bankruptcy

In In re Rodriguez, No. 09-2724 (3rd Cir. Dec 23, 2010), a three-judge panel for the Third Circuit considered whether an automatic stay under the Bankruptcy Code prevented a mortgage servicer from accounting for a pre-petition shortage on a mortgage escrow account in its post-petition calculation of the bankrupt debtors’ future monthly escrow payments.


Sheppard Mullin Richter & Hampton LLP | USA | 2 Nov 2009

Third Circuit holds that plaintiffs alleging RESPA violations under section 8 need not show an overcharge to have Article III standing to sue

In Alston v. Countrywide Financial Corp., 2009 WL 3448264 (3d Cir. October 28, 2009), the United States Court of Appeal for the Third Circuit confronted the issue of whether consumer plaintiffs alleging a violation of section 8 of the Real Estate Settlement Procedures Act of 1974 (“RESPA”), codified in relevant part at 12 U.S.C. 2607(d)(2), need to show a monetary injury “in the form of an overcharge” to have standing to bring a private right of action against a mortgage lender.

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