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Mortgages – RESPA – QWRs
U.S. District Court
Mass. Lawyers Weekly Staff//April 23, 2021//
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Where a plaintiff whose wife executed a promissory note has filed a claim under the Real Estate Settlement Procedures Act, the defendants are entitled to summary judgment because the plaintiff did not sign the note, so the defendants were not required by the statute to respond to his qualified written requests for information about the note and accompanying mortgage.
“RESPA requires servicers of federally related mortgage loans to respond to QWRs by borrowers on the loan. … Because plaintiff did not sign the Note, summary judgment as to this count is allowed. …
“As discussed supra, plaintiff lacks standing to support his allegation that [defendant] Selene’s failure to respond to his QWRs violated Chapter 93A. …”
Pittner v. Castle Peak 2012-1 Loan Trust, et al. (Lawyers Weekly No. 02-131-21) (7 pages) (Zobel, Sr. D.J.) (Civil Action No. 17-CV-11009-RWZ) (April 14, 2021).
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