News & Analysis as of

Real Estate Settlement Procedures Act Private Right of Action

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending December 6, 2019

Carlton Fields on

Real Property Update - Due Process: Trial court violated developer’s due process rights by considering and ruling upon developer’s motion to quash service of process, which was not set for hearing, despite developer’s...more

Manatt, Phelps & Phillips, LLP

RESPA New Private Actions? Massachusetts OKs NOE Error Suit

Just a limited set of Real Estate Settlement Procedures Act (RESPA) claims allow for private rights of action, but the list might be growing larger. One Massachusetts federal judge has ruled that borrowers may sue a servicer...more

Foley & Lardner LLP

RESPA Class Action Case Cannot Survive Scrutiny under Spokeo or Menominee

Foley & Lardner LLP on

On December 7, 2018, a federal court in Maryland issued an important ruling in a Real Estate Settlement Procedures Act (“RESPA”) case (“Baehr”), granting a defense motion for summary judgment. The court dismissed the action...more

BCLP

New Mortgage Servicing Rules for “Successors in Interest”

BCLP on

Effective as of April 19, 2018, successors in interest to property secured by mortgage loans that are covered by the Real Estate Settlement Procedures Act (“RESPA”) and Truth In Lending Act (“TILA”) now have certain rights...more

Carlton Fields

New CFPB Regulations Subject Mortgage Servicers to Private Lawsuits

Carlton Fields on

The Consumer Financial Protection Bureau (CFPB) amendments to Regulation X, which implements the Real Estate Settlement Procedures Act (RESPA), place new and onerous requirements on mortgage servicers to correct errors and...more

Snell & Wilmer

And After All That Work!: The Dreaded U.S. Supreme Court “DIG”

Snell & Wilmer on

Originally published in The Washington Legal Foundation’s The Legal Pulse, on January 31, 2013. In the last days of the 2011 Term, fresh off its decisions in the Patient Protection and Affordable Care Act cases, the...more

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