Pleadings and Discovery

Complaint regarding loss mitigation rule violations; failure to get to a complete application, failure to timely evaluate a complete application. Sample based on a complaint crafted by Legal Services of South Central Michigan.

Complaint involving RESPA claims for failure to correct a servicing error related to payment application issues. The case was litigated by Phillip Robinson, Consumer Law Center LLC. 

Brief Regarding Statutory Authority for RESPA loss mitigation rules. Brief explains the statutory authority for the RESPA Regulation X loss mitigation and QWR rules and explains that certain case law predating the CFPB’s 2014 rule is now outdated. Case litigated by Phillip Robinson, Consumer Law Center LLC.

This document contains sections of legal argument for a brief in response to Motion to Dismiss on damages issues including statutory damages, pattern and practice, actual damages, causation. Such issues commonly are raised by defendants in mortgage servicing cases. Additional case citations and explanation on these issues are contained in NCLC's Mortgage Servicing and Loan Modifications.

Sample discovery requests from a case involving failure to properly apply payments and failure to provide a timely and accurate payoff quote. Case litigated by Rachel Scott, Atlanta Legal Aid. 
 

Sample discovery requests from a case involving failure to properly apply payments and failure to provide a timely and accurate payoff quote. Case litigated by Rachel Scott, Atlanta Legal Aid. 

Sample discovery requests from a case involving failure to properly apply payments and failure to provide a timely and accurate payoff quote. Case litigated by Rachel Scott, Atlanta Legal Aid. 
 

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.