News & Analysis as of

Split of Authority Mortgage Servicers

Bradley Arant Boult Cummings LLP

U.S. Fifth Circuit Rejects “Vicarious Liability” Theory under RESPA

The Real Estate Settlement Procedures Act (RESPA), 12 U.S.C. § 2605, regulates loan servicers and makes servicers liable for violations of and consumer-protection regulations promulgated under the act. In many cases,...more

Hinshaw & Culbertson LLP

California Appellate Court Permits Debt Collection Suit against Mortgage Loan Servicer

Acknowledging a split of authority among the many federal courts reviewing whether a mortgage loan servicer falls within the FDCPA's definition of a "debt collector," one California appellate court has revived a putative...more

Allen Matkins

Court Of Appeal Finds Mortgage Servicer To Be A Debt Collector

Allen Matkins on

Rosenthal Fair Debt collection Practices Act defines a "debt collector" as "any person who, in the ordinary course of business, regularly, on behalf of himself or herself or others, engaged in debt collection". Cal. Civ....more

Seyfarth Shaw LLP

A Glimmer Of Hope: The Supreme Court Now Has A Chance To Resolve A Circuit Split And Pronounce That Mortgage Underwriters Qualify...

Seyfarth Shaw LLP on

Seyfarth Synopsis: As previously discussed in this space, the Ninth Circuit recently chose to side with the Second Circuit, and not the Sixth Circuit, and ruled that mortgage underwriters fail to meet the FLSA’s...more

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