Mealey's Banking & Finance - Judge Adopts In Part Magistrate's Ruling Regarding Woman's RESPA Claims

Mealey's Banking & Finance - Judge Adopts In Part Magistrate's Ruling Regarding Woman's RESPA Claims

DETROIT - A federal judge in Michigan on March 5 adopted in part a magistrate judge's ruling, finding that a woman sufficiently showed that she suffered noneconomic damages as a result of a loan servicer's alleged violation of the Real Estate Settlement Procedures Act (RESPA) but overturned the magistrate judge's conclusion that the plaintiff created a genuine issue of fact regarding the defendant company's alleged failure to properly respond to one of her qualified written requests (QWR) for information (Cheryl Rak v. Saxon Mortgage Services Inc., et al., No. 12-13801, E.D. Mich.; 2014 U.S. Dist. LEXIS 27941).

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