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Whittier v. Ocwen Loan Servicing, L.L.C.

Whittier v. Ocwen Loan Servicing, L.L.C., 594 F. App'x 833 (5th Cir. 2014) (per curiam) (unpublished)

Court
United States Court of Appeals for the Fifth Circuit
Decided
2014-12-03
Docket
13-20639

What happened

The Whittiers sued the bank and servicers after foreclosure, raising RESPA, Texas Debt Collection Act, DTPA and contract claims.

What the court decided

The Fifth Circuit affirmed summary judgment for the defendants: the bank held the note, and the RESPA claim failed without evidence of actual damages caused by the servicer's response.

Why it may matter to you

If you write to your servicer, keep proof of what its bad answer cost you — extra fees, interest, time off work, postage. Damages are what make a RESPA claim work.

Why it might not apply

Unpublished and fact-specific; other courts have accepted modest damages (see Renfroe, Marais).

Most useful when

  • You plan to sue a servicer under RESPA or the Texas Debt Collection Act

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Full citationWhittier v. Ocwen Loan Servicing, L.L.C., 594 F. App'x 833 (5th Cir. 2014) (per curiam) (unpublished)Short formWhittier, 594 F. App'x 833

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

In Whittier v. Ocwen Loan Servicing, L.L.C., 594 F. App'x 833 (5th Cir. 2014) (per curiam) (unpublished), the court held that a RESPA claim against a servicer fails without evidence of actual damages caused by the violation. Here, [say in one sentence what happened in your case]

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