Judge Holds Material Fact Issues Exist On Whether Notice Related To Servicing

Mealey's (May 3, 2019, 2:01 PM EDT) -- SEATTLE — After finding that genuine disputes of material fact exist as to whether a loan servicer and lender breached a trial period plan by not offering a permanent loan modification to borrowers and whether a notice of error related to servicing, a Washington federal judge on May 2 denied the servicer’s motion for summary judgment on claims for breach of contract and violations of Washington law and the Real Estate Settlement Procedures Act (RESPA) (Kulwinder Mutti, et al. v. Rushmore Loan Management Services LLC, et al., No. 18-884, W.D. Wash., 2019 U.S. Dist. LEXIS 74482)....