Most Counts Stand, 1 Dismissed In RESPA Case Alleging Mortgage Servicer Erred

(September 14, 2023, 1:56 PM EDT) -- BALTIMORE — A federal magistrate judge in Maryland dismissed a claim alleging that a mortgage servicer violated the Real Estate Settlement Procedures Act (RESPA) by failing to offer all applicable loss mitigation options, ruling that the mortgage servicer had the discretion to choose which loan modification option it offered, but the judge allowed the remaining RESPA and state law claims to stand, ruling that the borrowers sufficiently stated their claims that the servicer failed to adequately respond to their letter reporting errors and seeking payment history information....