Couple’s Not Judicially Estopped From Pursuing RESPA Claims, Judge Rules

(April 1, 2020, 4:20 PM EDT) -- MINNEAPOLIS — A couple is not judicially estopped from bringing claims under the Real Estate Settlement Procedures Act (RESPA) against their loan servicer, a federal judge in Minnesota ruled March 16, holding that their failure to mention the claims until the end of their bankruptcy proceedings was inadvertent and lacked motive (Michael Nowling, et al. v. SN Servicing Corp., et al., No. 19-cv-1605, D. Minn., 2020 U.S. Dist. LEXIS 45090)....