Judge: Lender, Loan Servicer Must Defend RESPA, Other Claims In Borrower Suit

Mealey's (May 11, 2021, 2:04 PM EDT) -- COLUMBIA, Tenn. — A federal judge in Tennessee on March 7 ruled that a mortgage lender and loan servicer are not entitled to judgment on the pleadings regarding claims for breach of contract and violation of the Real Estate Settlement Procedures Act (RESPA) brought by borrowers who alleged that the defendants failed to make a decision on their loan modification application within the statutorily required timeframe before foreclosing on their home because a “factual determination” is required to determine the actual date their application was completed....