Mortgage Servicing Fraud
occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity.
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A magistrate judge in Virginia has denied defendants’ partial motion for summary judgment, ruling that claims for emotional distress are actual damages permitted under RESPA and the Fair Debt Collection Practices Act (FDCPA). In their claims, the plaintiffs seek actual damages, alleging that Countrywide Home Loans failed to properly credit payments on a mortgage loan.

Carter v. Countrywide

Judge Dohnal looked to other cases that have examined § 2605(f) and noted that other courts have consistently found that actual damages includes emotional distress damages. He pointed to several specific cases indicating this, including Wright v. Litton Loan Servicing LP, where the court concluded that actual damages includes damages for non-economic loss, such as pain, suffering and emotional distress, and Ploog v. HomeSide Lending Inc., where the court said “RESPA’s actual damages provision includes recovery for emotional distress.”

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The Equitable One
Thank you. That is very useful.
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