Some RESPA Claims Not Barred By State Court Foreclosure Case, Judge Says

(March 9, 2020, 10:19 AM EDT) -- NEW YORK — A loan servicer’s state court foreclosure action does not bar a man’s claims accusing it of violating the Real Estate Settlement Procedures Act (RESPA) by failing to provide him with an explanation as to why it denied a loss mitigation application and rendering a decision on his second application within 30 days of receipt, a federal judge in New York ruled Feb. 28, finding that the claims were not addressed in the state court proceeding (James St. Louis v. Selene Finance LP, No. 18-CV-6182, E.D. N.Y., 2020 U.S. Dist. LEXIS 33858)....