Statute
RESPA
88 published works
Southeast Financial Litigation Monitor
Eleventh Circuit: Motion to Reschedule a Foreclosure Sale Not Barred by Regulation X
In an important victory for mortgage servicers, the Eleventh Circuit rejected a RESPA claim based on a motion to reschedule a foreclosure sale in Landau v. Roundpoint Mortgage Servicing Corp.…
Consumer Class Defense Counsel
Conover v. Patriot Land Transfer: RESPA’s Statute of Limitations and Equitable Tolling Clash Again
By Jennifer M. Keas, Jay N. Varon
A recent decision in Conover v. Patriot Land Transfer LLC[1] involves what appears to be a run-of-the-mill Section 8 RESPA claim that a title agency supplied borrower leads and data…
Consumer Finance Monitor
Zillow Successful in Lawsuit Triggered by CFPB Investigation
As we reported previously, in June 2018 Zillow Group (Zillow) announced that it is no longer under investigation by the CFPB for Real Estate Settlement Procedures Act (RESPA) and UDAAP…
Consumer Finance Monitor
CFPB expected to dismiss PHH case
American Banker has reported that that CFPB is planning to dismiss its lawsuit against PHH. According to the American Banker report, the CFPB and PHH have issued a joint statement…
Consumer Financial Services Review
Pennsylvania Drafts Mortgage Servicing Regulations to Track RESPA Requirements
On February 6, 2018, the Pennsylvania Department of Banking and Securities issued draft regulations in response to the state’s recent law requiring licensing of mortgage loan servicers. The new regulations…
Consumer Finance Monitor
House Passes Bill to Amend TRID Rule Disclosures
On February 14, 2018, the United States House of Representatives passed the TRID Improvement Act of 2017, H.R. 3978, by a vote of 245 to 171. The bill would amend…
Consumer Finance Monitor
D.C. Circuit Rules CFPB’s View of RESPA Was Wrong But its Structure is Constitutional
On January 31, 2018, the en banc D.C. Circuit handed down its opinion in the PHH v. CFPB case, which we’ve discussed at length. It held, 7 to 3, that…
Consumer Financial Services Review
The Wait Is Over: D.C. Circuit Holds That While the CFPB’s Structure May Be Lawful, Its RESPA Interpretation Is Not
By Phillip L. Schulman, Holly Spencer Bunting, Ori Lev
The U.S. Court of Appeals for the D.C. Circuit (the “court”) has issued its long-awaited en banc decision in PHH v. CFPB. In a January 31, 2018 opinion, the court…
Subject to Inquiry
Full D.C. Circuit Court, Reversing Decision Below, Holds that CFPB’s Independent Structure is Constitutional; also Reinstates Important RESPA Rulings
By Government Investigations Group
In a long-awaited constitutional decision regarding the Consumer Financial Protection Bureau (“CFPB”), the full D.C. Circuit Court of Appeals today in PHH v. CFPB reversed a prior ruling by a…
Southeast Financial Litigation Monitor
11th Circuit Provides that Postage Fees Incurred for Sending a Request for Information under RESPA are Insufficient to Independently Establish “Actual Damages”
If a mortgage servicer fails to comply with its obligations under the Real Estate Settlement Procedures Act (“RESPA”), 12 U.S.C. 2601, et seq., or its implementing regulations, a borrower may…