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No Harm No Foul – 7th Circuit Dismisses RESPA Case - Commercial & Bankruptcy Law News

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Commercial & Bankruptcy Law News


Posted on: Aug 1, 2019

By John Waller, Wooden McLaughlin LLP

Lesson. A mortgage loan servicer can achieve summary judgment in a RESPA qualified written request case if the borrower fails to establish that the statutory violations caused any actual damage.

Case cite.
Moore v. Wells Fargo, 908 F.3d 1050 (7th Cir. 2018)

Legal issue. Whether a borrower can recover RESPA-based damages “when the only harm alleged is that the response to the borrower’s qualified written request did not contain information … to help him fight a state-court mortgage foreclosure he had already lost.”

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This article was submitted by Wes Overturf, Mattingly Burke Cohen & Biederman LLP. If you would like to submit content or write an article for the Commercial & Bankruptcy Law Section, please email Kara Sikorski at ksikorski@indybar.org.

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