Judge Partially Allows RESPA Claim Against Wells Fargo To Proceed

(May 23, 2019, 1:43 PM EDT) -- CHICAGO — An Illinois federal judge on May 21 partially granted a bank’s motion to dismiss claims for violations of the Real Estate Settlement Procedures Act (RESPA) and Illinois law but held that borrowers can pursue their RESPA cause of action for the bank’s alleged failure to properly respond to a notice of error regarding moving forward with a foreclosure sale while a complete loss mitigation application was pending (Todd Smith, et al. v. Wells Fargo Bank, N.A., No. 18-7979, N.D. Ill., 2019 U.S. Dist. LEXIS 84875)....

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