RESPA and QWR Claims Rejected by Fifth Circuit, Bank Wins

In this foreclosure case the panel dismissed the claims of the homeowner RESPA and QWR arguments, so the Bank wins.

“Appellant presents several issues for review in her appeal of the final summary judgment entered in favor of JPMorgan Chase Bank, N.A., Caliber Home Loans, Inc., and U.S. Bank Trust, N.A.: (1) whether the district court abused its discretion in admitting evidence to determine whether the Real Es-tate Settlement Procedures Act (“RESPA”) was triggered by Appellant’s corre-spondence; (2) whether Appellant’s correspondence qualified as a Qualified Written Report (“QWR”) and, if so, whether Appellee’s responses to the QWRs were adequate under RESPA; and (3) whether the district court abused its dis-cretion in finding Appellant did not meet her summary judgment burden of coming forth with sufficient evidence to create a genuine issue of material fact regarding her alleged damages, given Appellant’s failure to prove a RESPA violation. As to each issue, the court has carefully considered the appeal in light of the briefs, proceedings, and pertinent portions of the record. Having done so, we find no error of law or reversible error of fact. The district court’s judgment is AFFIRMED for essentially the same reasons articulated by that court.”

Stanford v JPMorgan Chase

Before HIGGINBOTHAM, JONES, and SMITH