Miranda v. Ocwen Loan Servicing, LLC, 15-61434-CIV, 2015 WL 7767209 (S.D. Fla. 2015)
Background: Mortgagors brought action against loan servicer, alleging violations of Real Estate Settlement Procedures Act (RESPA) and the Florida Consumer Collection Practices Act. Loan servicer moved to dismiss mortgagors' RESPA claim for failure to state a claim.
Holdings: The District Court, James I. Cohn, J., held that:
1 motion to dismiss was not converted into a motion for summary judgment;
2 mortgagors sufficiently alleged that loan servicer failed to provide an adequate response to their qualified written request (QWR) for information;
3 mortgagors alleged actual damages recoverable under RESPA
Daniel v. Select Portfolio Servicing, LLC
Daniel v. Select Portfolio Servicing, LLC, 0:15-CV-62445-WPD, 2016 WL 518721 (S.D. Fla. 2016)
Background: Mortgagor brought action against loan servicer, alleging that servicer violated Fair Debt Collection Practices Act (FDCPA)and Florida Consumer Collection Practices Act (FCCPA) by charging improper fees in connection with property inspections. Servicer moved to dismiss, or, in the alternative, to stay all proceedings.
Holdings: The District Court, William P. Dimitrouleas, J., held that:
1 mortgagor stated claims against loan servicer for violations of the FDCPA, and
2 mortgagor stated claim against loan servicer for violation of the FCCPA.