RESPA

Sample discovery requests in a case involving failure to respond to a QWR asking for the identity of the loan holder. Case litigated by Sarah Mancini, Atlanta Legal Aid.

This is a sample of a letter typically sent at the beginning of litigation, or pre-litigation, advising the Defendant to preserve all relevant documents and electronic records. This ESI preservation letter is related to Notices of Error sent to the servicer. Letter drafted by Thomas Cox. 

Tremalgio v. PHH Corp., D. Conn. April 2023.  Complaint.  Loss mitigation-related UDAP, RESPA, harm related to implementation of loan modification  Jeff Gentes

Breen v. Midfirst Bank, D. Conn., Complaint May 2024  application of payments, escrow, UDAP, related Reg. X, and breach of contract. Lorraine Martinez Conn. Fair Housing

Homeowner’s discovery requests (combined interrogatories and document requests) to defendant servicer. Loss mitigation, fees, property inspections. Jeff Gentes.  

Mishandling of modification, escrow disputes, deferral transition.  RESPA NOE.  Javier Merino.

Complaint.  Loss mitigation, trial plan and modification implementation. RESPA (NOE & RFI), UDAP, breach of contract, covenant of good faith and fair dealing, specific allegations of harm.  Javier Merino

Mishandling of loan modification implementation: RESPA NOE, pattern and practice, breach of contract, breach of covenant of good faith and fair dealing. Javier Merino.  

First Amended Complaint dated July 17, 2017, E.D. Pa. by Joanne Werdel Community Legal Services Phila.