Anokhin v. Bac Home Loans Servicing, LLP

3 Citing cases

  1. Jones v. Bank of N.Y.

    CIVIL ACTION NO. 12-11503-RWZ (D. Mass. Jul. 12, 2013)   Cited 7 times
    Explaining that because MERS is not a loan servicer it fell outside the reach of the same RESPA provision serving as the basis for Plaintiff's RESPA claim in this case

    To make out a claim under § 2605(e), a plaintiff must allege sufficient facts to "show: (1) that the servicer failed to comply with the statute's [qualified written request] rules; and (2) that the plaintiff incurred 'actual damages' as a consequence of the servicer's failure." Okoye v. Bank of New York Mellon, CIV. A. No. 10-11563-DPW, 2011 WL 3269686, at *17 (D. Mass. July 28, 2011) (quoting Anokhin v. BAC Home Loans Servicing, LLP, No. 2:10-cv-00395-MCE-EFB, 2010 WL 5393972, at *3 (E.D. Cal. Dec. 22, 2010)). BNY Mellon and MERS are not loan servicers and fall outside the reach of this provision.

  2. Katz v. Aurora Loan Servs. LLC

    CASE NO. 11-cv-1806 - IEG (POR) (S.D. Cal. Jan. 10, 2012)   Cited 5 times

    United States District CourtSee, e.g., Anokhin v. BAC Home Loans Servicing, LLP, No. 2:10-cv-00395-MCE-EFB, 2010 WL 5393972, at *3 (E.D. Cal. Dec. 22, 2010); Miller v. Wells Fargo Home Mortg., No. CIV S-10-0284 GEB DAD PS, 2010 WL 3431802, at *7 (E.D. Cal. Aug. 31, 2010); Angulo v. Countrywide Home Loans, Inc., No. 1:09-CV-877-AWI-SMS, 2009 WL3427179, at *5 (E.D. Cal. Oct. 26, 2009); Walker v. Equity 1 Lenders Group, No. 09cv325 WQH (AJB), 2009 WL 1364430, at *7 (S.D. Cal. May 14, 2009); Izenberg, 589 F. Supp. 2d at 1199; Tina v. Countrywide Home Loans, Inc., No. 08 CV 1233 JM (NLS), 2008 WL 4790906, at *7 (S.D. Cal. Oct. 30, 2008); Hulse v. Ocwen Fed. Bank, FSB, 195 F. Supp. 2d 1188, 1204 (D. Or. 2002).

  3. Okoye v. Bank of New York Mellon

    CIVIL ACTION NO. 10-11563-DPW (D. Mass. Jul. 28, 2011)   Cited 72 times
    Holding that HAMP violations are actionable under Chapter 93A where they are "independently actionable" and recovery is "compatible with the objectives and enforcement mechanisms of HAMP"

    In order to make out a claim for relief under § 2605(e), the Okoyes must allege sufficient facts to "show: (1) that the servicer failed to comply with the statute's [qualified written request] rules; and (2) that the plaintiff incurred 'actual damages' as a consequence of the servicer's failure." Anokhin v. BAC Home Loans Servicing, LLP, No. 2:10-cv-00395-MCE-EFB, 2010 WL 5393972, at *3 (E.D. Cal. Dec. 22, 2010). In order to plead "actual damages" sufficiently, the plaintiff must allege specific damages and identify how the purported RESPA violations caused those damages.