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Homeowner lostPersuasivePending attorney reviewServicer errors & written requests (RESPA)

Medrano v. Flagstar Bank, FSB

Medrano v. Flagstar Bank, FSB, 704 F.3d 661 (9th Cir. 2012)

Court
United States Court of Appeals for the Ninth Circuit
Decided
2012-12-11
Docket
11-55412

What happened

The Medranos' lawyer sent letters challenging their monthly payment and the loan's terms. They sued when the servicer did not respond as RESPA requires.

What the court decided

The Ninth Circuit held that RESPA's response duty covers requests about servicing — how payments are received and applied — not challenges to the loan's original terms or validity.

In the court's words

“RESPA does not require magic words, and such letters may trigger a duty to respond”

Why it may matter to you

Write about servicing: payments, fees, escrow, how money was applied. That keeps your letter inside RESPA — the court noted no magic words are needed.

Why it might not apply

Binding in the Ninth Circuit only. Regulation X (2014) now defines notices of error and information requests in more detail.

Most useful when

  • You are writing to your servicer to dispute the loan terms themselves

How to cite it

The full citation for the first time you mention it, a short form for later, and a sample sentence you can adapt.

Full citationMedrano v. Flagstar Bank, FSB, 704 F.3d 661 (9th Cir. 2012)Short formMedrano, 704 F.3d 661

Draft — check it with free legal aid before you file or say it in court.

In Medrano v. Flagstar Bank, FSB, 704 F.3d 661 (9th Cir. 2012), the court held that a RESPA written request must relate to the servicing of the loan, not to the validity or original terms of the loan. Here, [say in one sentence what happened in your case]

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