United States Ninth Circuit

In plaintiffs' suit against their servicer of their home loans, alleging violation of 12 U.S.C. section 2605 because defendant did not respond adequately to three letters in which they challenged the monthly payment due on their loan, district court's dismissal of the federal claims under the Real Estate Settlement Procedures Act is affirmed where the plaintiffs' letters challenging the monthly payment due on their loan were not "qualified written requests" triggering the servicer's duty to respond under section 2605 because the letters did not seek information relating to the servicing of the loan, but rather challenged the loan's terms.

Appellate Information

• Decided 12/11/2012
• Published 12/11/2012

Judges

• Graber

Court

• United States Ninth Circuit

Counsel