Foreclosures

RESPA and QWR Claims Rejected by Fifth Circuit, Bank Wins

5th circuit dismissed the claims of the homeowner RESPA and QWR arguments, so the Bank wins. surprise the bank wins again by the 5th

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

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Laws In Texas is a blog about the Financial Crisis and how the banks and government are colluding against the citizens and homeowners of the State of Texas and relying on a system of #FakeDocs and post-crisis legal precedents, specially created by the Court of Appeals for the Fifth Circuit to foreclose on homeowners around this great State. We are not lawyers. We do not offer legal advice. We are citizens of the State of Texas who have spent a decade in the court system in Texas and have been party to during this period to the good, the bad and the very ugly.

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