Borrower’s RESPA Claim Over Foreclosed Property Mostly Survives Dismissal
Mealey's (March 14, 2016, 2:04 PM EDT) -- TAMPA, Fla. — Although a Florida federal judge expressed his doubts as to the ultimate success of a borrower’s complaint against her lender under the Real Estate Settlement Procedures Act (RESPA), he found in a March 9 ruling that, as pleaded, her complaint has facial plausibility that allowed it to mostly survive the lender’s motion to dismiss (Matilde Amarchand v. CitiMortgage Inc., No. 8:15-cv-02051, M.D. Fla.; 2016 U.S. Dist. LEXIS 30463).
(Order available. Document #85-160412-007R.)
Matilde Amarchand purchased a property in Spring Hill, Fla....