Judge Denies Certification Of Class Challenging Loan Servicer’s Diligence

Mealey's (January 7, 2020, 5:07 PM EST) -- BUFFALO, N.Y.— A federal judge in New York on Dec. 30 denied a couple’s motion to certify a nationwide class for borrowers who claim that Bank of America N.A. violated the Real Estate Settlement Procedures Act (RESPA) by failing to use reasonable diligence when reviewing loan modification applications, holding that their expert’s report showed that the proposed class lacked commonality and that individual issues predominated over classwide questions (Bobbi Jackson, et al. v. Bank of America N.A., No. 16-CV-787, W.D. N.Y., 2019 U.S. Dist. LEXIS 222511)....