Faria v. Citizens Bank

1 Citing case

  1. Walker v. Phh Mortg. Corp

    22-cv-23276-BLOOM/Otazo-Reyes (S.D. Fla. Feb. 3, 2023)

    PHH relies on Correa v. BAC Home Loans Servicing LP, 853 F.Supp.2d 1203 (M.D. Fla. 2012), and Spraggins v. Caliber Home Loans, Inc., 3:20-CV-01906-S-BT, 2020 WL 8366645 (N.D. Tex. Dec. 31, 2020), for the oft-stated proposition that “RESPA claims are limited to borrowers,” and “only individuals who execute the promissory note are ‘borrowers' with standing to bring a RESPA claim.” Spraggins, 2020 WL 8366645, at *6. On the other hand, Walker relies on Faria v. Citizens Bank, 569 F.Supp.3d 92 (D.R.I. 2021), which found that, under the 2018 amendment to Regulation X, “confirmed successors in interest, having the status of borrowers, may assert a cause of action for RESPA violations.” Id. at 97-98.