9th Circuit: Couple's Letters Did Not Trigger Loan Servicer's Duty To Respond

PASADENA, Calif. - A couple's loan servicer was not required to respond to three letters sent by their counsel challenging an increase in their monthly mortgage payment because the communications did not constitute qualified written requests (QWRs) for information under the Real Estate Settlement Procedures Act (RESPA), 12 U.S.C.S. § 2605, a Ninth Circuit U.S. Court of Appeals panel ruled Dec. 11 in affirming dismissal of the claim (Jaime Medrano, et al. v. Flagstar Bank FSB, et al.,  No. 11-55412, 9th Cir.; 2012 U.S. App. LEXIS 25274). View a complimentary copy of the complete Mealey's article in the pdf attached below.

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