Error resolution procedures

CurrencyCurrent through May 31, 2023
Citation 12 C.F.R. §1024.35
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22 cases
  • Warren v. PNC Bank N.A.
    • United States
    • U.S. District Court — Northern District of California
    • April 30, 2023
    ...(N.D. Cal. 2020) (citing 12 U.S.C. § 2605). Regulation X implements RESPA. See id. The complaint alleges two violations of Regulation X: section 1024.35 and section 1024.38. See Compl. ¶¶ 35-49.6 Section 1024.35 requires servicers to take certain steps upon receipt of "any written notice fr......
  • Walker v. Branch Banking & Trust Co.
    • United States
    • U.S. District Court — Southern District of Florida
    • February 23, 2017
    ...X"). ECF No. [1] ("Complaint"). Specifically, Plaintiffs seek remedies for Defendant's alleged failure to comply with § 2605(k) of RESPA, §§ 1024.35 and 1024.36 of Regulation X, and § 1026.36 of Regulation Z (12 C.F.R. § 1026 et seq. ). See id. ¶ 3. As the basis for their claims, Plaintiffs......
  • Bassett v. PHH Mortg. Corp.
    • United States
    • U.S. District Court — Southern District of Texas
    • June 27, 2024
    ...10 at 56. As PHH has not challenged venue or limitations, Sections 2605(f) and 2614 have no bearing on this suit. Next, PHH argues that Sections 1024.35 and 1024.39 do not confer private right of action. See Dkt. 7 at 9-10. Numerous decisions from this Court support PHH's position, but the ......
  • Thompson v. Citigroup Mortg. Loan Tr. 2019-D
    • United States
    • U.S. District Court — District of New Hampshire
    • May 9, 2024
    ...on Thompson's claims that it violated the requirements imposed by RESPA though Regulation X in 12 C.F.R. §§ 1024.41, 1024.40, 1024,36, and 1024.35. Thompson did not file a response to Citigroup's motion.[11] Based on the summary judgment standard, all reasonable factual inferences are resol......
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9 firm's commentaries
  • The Bullet Point: Ohio Commercial Law Bulletin - Does My Website URL Constitute A “Deceptive Trade Practice”? Volume 4, Issue 22
    • United States
    • JD Supra United States
    • December 21, 2020
    ...broader obligations on servicers than the obligations under Section 2605(e), the borrowers relied on the servicer errors outlined in 12 C.F.R. § 1024.35 and the commentary thereto (“Regulation X”). The borrowers pointed to the “catchall” phrase of 12 C.F.R. § 1024.35(b)(11), which states th......
  • Litigation Exposure Under The 2013 Dodd-Frank Mortgage Servicing Regulations
    • United States
    • JD Supra United States
    • November 8, 2013
    ...6 1. Potential Challenges Specific to “Notices of Error” Under §1024.35. ................. 10 2. Potential Challenges Specific to “Requests for Information” Under §1024.36. ... 14 C. Potential Challenges Specific to Requests for Payoff Statements Under §1026.36. .. 18 III. Interface of the ......
  • Dodd-Frank News - Summer 2017
    • United States
    • JD Supra United States
    • June 19, 2017
    ...was satisfied that the subject Summer 2017 comment regarding whether to include errors in evaluating loss mitigation options as part of § 1024.35. Ultimately, it declined to include such errors as a “covered error,” reasoning that the § 1024.41(h) appeals process provides sufficient recours......
  • Dodd-Frank News: October 2014: Dodd-Frank Wall Street Reform and Consumer Protection Act Update
    • United States
    • JD Supra United States
    • October 24, 2014
    ...to conduct a reasonable investigation and provide a written notice in response to Wilson’s Notice of Error, as required by Reg. X, 12 C.F.R. § 1024.35. She also alleged that Bank of America failed to conduct a reasonable search in response to her Requests for Information pursuant to Reg. X,......
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