Federal Judge Dismisses RESPA And Damages Claims, Grants Leave To Amend
Mealey's (August 14, 2015, 2:46 PM EDT) -- WEST PALM BEACH, Fla. — A Florida federal judge on July 27 found that a borrower's claims for violation of the Real Estate Settlement Procedures Act (RESPA) were valid but that her damages claims failed and that the case should be dismissed with leave to replead (Elina Zaychick v. Bank of America, N.A., No. 9:15-CV-80336, S.D. Fla.; 2015 U.S. LEXIS 97514).
(Opinion available. Document #85-150818-009Z.)
Elina Zaychick obtained a mortgage that was serviced by Bank of America N.A. (BOA). Zaychick defaulted on the loan, and...