Moore v. Wells Fargo Bank, N.A.
The Real Estate Settlement Procedures Act, 12 U.S.C. 2605 (RESPA), requires that a loan servicer, no later than 30 days after receiving a borrower's “qualified written request” for information, take one of three specific actions and provides a private right of action for actual damages resulting from violations. Wis. Stat. 224.77 prohibits mortgage brokers from violating "any federal or state statute.” Terrence purchased his house in 2006 with a Deutsche Bank mortgage, serviced by Wells Fargo. His wife, Dixie, used an inheritance to help buy the house but was never named on the title, mortgage, or promissory note. Despite a forbearance plan and two loan modifications, Terrance defaulted. Deutsche Bank filed a second foreclosure action. In 2012, the Wisconsin court entered a foreclosure judgment. Terrance filed for Chapter 13 bankruptcy, resulting in an automatic stay. In 2015, the parties entered into a third modification. Terrance again failed to make payments and converted to a Chapter 7 bankruptcy, triggering another stay. In 2016 the bankruptcy court entered a discharge. The sheriff’s sale was rescheduled. In August 2016, Terrance sent Wells Fargo a letter, asking 22 wide-ranging questions about his account. Wells Fargo confirmed receipt immediately, indicating that it would respond on September 30. Two days before the RESPA deadline for response, the owners moved to reopen the foreclosure case and obtained another stay. They also filed a federal suit under RESPA and state law. The Seventh Circuit affirmed dismissal. Dixie lacked standing. Terrance failed to show that he suffered out-of-pocket expenses as a result of any alleged RESPA violation. View "Moore v. Wells Fargo Bank, N.A." on Justia Law