Pinti v. Emigrant Mortg. Co.
472 Mass. 226 (Mass. 2015) Cited 128 times 8 Legal AnalysesHolding that strict compliance with paragraph 22 notice of default language is condition of valid foreclosure sale, and voiding foreclosure in which plaintiffs given notice of right to defend, rather than to initiate, legal action; but without discussion of paragraph 19, noting that valid foreclosure does not require a mortgagee to demonstrate "punctilious performance of every single mortgage term," and distinguishing between notice requirements for foreclosure and acceleration
Ayres v. Ocwen Loan Servicing, LLC
129 F. Supp. 3d 249 (D. Md. 2015) Cited 64 timesFinding conclusory allegations "insufficient to establish actual damages under RESPA" because the plaintiffs did not identify how the damages asserted in their amended complaint "flowed directly from [the loan servicer's] failure to respond to the QWRs"
Ward v. Sec. Atlantic Mortg. Elec. Registration Sys., Inc.
858 F. Supp. 2d 561 (E.D.N.C. 2012) Cited 66 times 1 Legal AnalysesHolding that a letter seeking copies of loan documents, inspection reports, appraisals, a loan transactional history, and assignments of the deed of trust was not a QWR
O'Connor v. Nantucket Bank
992 F. Supp. 2d 24 (D. Mass. 2014) Cited 52 times 1 Legal AnalysesConcluding that lender complied with requirements of RESPA governing duty of loan servicer to respond to borrower inquiries when it responded to mortgagors' broad information requests, where lender provided mortgagors with their loan history, a contact person, and included copies of note, mortgage, loan modification documents the mortgagors executed, and then recent appraisal of property
Markham v. Fay
74 F.3d 1347 (1st Cir. 1996) Cited 82 timesHolding that beneficiaries of trust were not necessary parties to action seeking to recover trust property because the interest of the trustee, who was also a beneficiary, was at least as strong as that of the other beneficiaries
Paiva v. Bank of N.Y. Mellon
120 F. Supp. 3d 7 (D. Mass. 2015) Cited 12 timesHolding that the holder of the note must send the default notice to comply with paragraph 22
In re Demers
511 B.R. 233 (Bankr. W.D. Wash. 2014) Cited 7 times 1 Legal AnalysesHolding that a notice omitting a borrower's right to go to court to contest acceleration was fatal, and that even if notice to go to court was ambiguously provided, that ambiguity must be construed against the drafter
Anderson v. Nationstar Mortgage, LLC
172 F. Supp. 3d 371 (D. Mass. 2016) Cited 4 timesHolding that the assignee of the mortgage may send the default notice under paragraph 22
Sanchez v. OneWest Bank, FSB
No. 11 CV 6820 (N.D. Ill. Jan. 10, 2013) Cited 5 timesFinding no preclusion under Rooker-Feldman where RESPA claims were independent from judgment in foreclosure action such that plaintiffs are "not seeking to relitigate those foreclosure proceedings but rather are seeking damages for defendants alleged failure" to comply with RESPA
Galvin v. U.S. Bank Nat'l Ass'n
CIVIL ACTION NO. 14-14723-RGS (D. Mass. Mar. 9, 2015) Cited 2 timesCIVIL ACTION NO. 14-14723-RGS 03-09-2015 MARK B. GALVIN and JENNY G. GALVIN v. U.S. BANK NATIONAL ASSOCIATION as TRUSTEE RELATING TO CHEVY CHASE FUNDING, LLC MORTGAGE BACK CERTIFICATES SERIES 2007-1; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; CAPITAL ONE, N.A., a/k/a CAPITAL ONE BANK, f/k/a CHEVY CHASE BANK, FSB STEARNS, D.J. MEMORANDUM AND ORDER ON DEFENDANTS' PARTIAL MOTION TO DISMISS Plaintiffs Mark and Jenny Galvin challenge the November 2014 foreclosure of property they owned at 14 Skip
Section 2605 - Servicing of mortgage loans and administration of escrow accounts
12 U.S.C. § 2605 Cited 3,716 times 23 Legal AnalysesDescribing "qualified written request"
Section 2601 - Congressional findings and purpose
12 U.S.C. § 2601 Cited 3,436 times 23 Legal AnalysesProviding purpose of RESPA is "to effect certain changes in the settlement process for residential real estate"