Foreclosure Offense: Litigation under the RESPA and the FDCPA
Foreclosure Offense: Litigation under the RESPA and the FDCPA



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Course Description

Course Description

This program was recorded on August 29, 2018

With nationwide foreclosure rates beginning to slip from historic highs, the foreclosure industry is undergoing a shift in focus from lender-based litigation to borrower-based litigation. Using the federally mandated monthly mortgage statement as a jumping off point, this course will explore the rise of borrower-based litigation under two federal statutes, the Real Estate Settlement Procedures Act and the Fair Debt Collection Practices Act. Specifically, we will examine possible causes of action and defenses under 12 CFR 1024.35 and 1024.36 as well as common areas of dispute with respect to the debt/loan information contained within monthly mortgage statements. This course will not focus on general debt collection matters nor will it examine issues related to new disclosure requirements under the TILA-RESPA Integrated Disclosures or loss mitigation disputes under 12 CFR 1024.41.

Attorney Glen LindsayGlen Lindsay
Glen’s practice concentrates primarily on business litigation, deceptive trade practices, real estate litigation and consumer law with a focus on regulatory compliance under the Dodd-Frank Act and the Real Estate Settlement Procedures Act. Prior to joining Saavedra Goodwin in 2016, Glen was an attorney with two NLJ 350 law firms where he represented numerous Fortune 500 companies focusing primarily on consumer finance and federal regulatory compliance matters.

2 General Credits

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  1. Section I: Introduction – A Changing Landscape
    1. Recap of the foreclosure crisis
    2. Side Effect of the foreclosure crisis has been the growth of the foreclosure industry in the legal world
    3. The decrease in foreclosure filings by banks/lenders has lead to the growth of “foreclosure offense” practices
    4. A large part of this foreclosure offense stems from issues contained in “monthly mortgage statements”
    5. Brief explanation of the Real Estate Settlement Procedures Act (“RESPA”)
    6. Brief explanation of the Fair Debt Collection Practices Act (“FDCPA”)
  2. Section II: RESPA
    1. History of RESPA
      1. Introduction of RESPA in the 1970s
      2. Recession of 2007-2008 leads to revisions to RESPA
      3. Brief analysis of pertinent revisions
    2. Obtaining information from a loan servicer
      1. Definitions (“qualified written request”, “notice of error”, “request for information”, “loan servicer”, etc.)
      2. QWR/RFI process (12 CFR 1024.36)
      3. NOE process (12 CFR 1024.35)
    3. Failure to comply with RESPA requirements
      1. NOE following RFI
      2. Assessment of damages based on nature of error
      3. Filing suit
    4. Disputed Issues
      1. What constitutes actual damages
      2. What constitutes a “pattern and practice of noncompliance” for statutory damages
      3. 3rd party authorization issues
      4. What constitutes an “acknowledgement” of a QWR/RFI/NOE
      5. To whom must the servicer respond
  3. Section III: FDCPA
    1. History of FDCPA
    2. Prohibited practices generally
    3. What constitutes an “attempt to collect a debt”
    4. Substantiating damages
      1. Actual damages
      2. Statutory damages