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Homeowner wonPersuasivePending attorney reviewServicer errors & written requests (RESPA)

Renfroe v. Nationstar Mortgage, LLC

Renfroe v. Nationstar Mortg., LLC, 822 F.3d 1241 (11th Cir. 2016)

Court
United States Court of Appeals for the Eleventh Circuit
Decided
2016-05-12
Docket
15-10582

What happened

Mrs. Renfroe's payment went up after Nationstar took over her loan. She wrote asking why; Nationstar just said her account was correct. She sued under RESPA, and the trial court dismissed.

What the court decided

The Eleventh Circuit reversed: her letter was a qualified written request, a servicer must actually investigate, and she adequately alleged damages.

Why it may matter to you

A clear letter to your servicer can create real duties. Techoclaro's notice-of-error letter is built on this idea.

Why it might not apply

Binding in the Eleventh Circuit only; persuasive elsewhere. You still need damages.

Most useful when

  • Your payment changed and the servicer will not explain why

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 citationRenfroe v. Nationstar Mortg., LLC, 822 F.3d 1241 (11th Cir. 2016)Short formRenfroe, 822 F.3d 1241

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

In Renfroe v. Nationstar Mortg., LLC, 822 F.3d 1241 (11th Cir. 2016), the court held that a servicer that answers a borrower's written request without a reasonable investigation may be liable under RESPA when the borrower alleges resulting damages. Here, [say in one sentence what happened in your case]

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