Summary
holding that RESPA sets a minimum level of disclosures required of mortgage creditors to borrowers and bankruptcy proceedings may create additional disclosure requirements
Summary of this case from Piland v. Nationstar Mortg., LLCOpinion
Nos. 10-60005, 10-60017, 10-60018.
Argued and Submitted June 10, 2011.
Filed June 20, 2011.
Lee S. Raphael, Prober Raphael, Woodland Hills, CA, for the appellants.
M. Erik Clark, Borowitz Clark, LLP, West Covina, CA, for the appellees.
Appeal from the Ninth Circuit Bankruptcy Appellate Panel, Hollowell, Pappas, and Dunn, Bankruptcy Judges, Presiding. BAP Nos. 09-1175-PaHD, 09-1184, 09-1155.
ORDER
The decisions of the Bankruptcy Courts are affirmed for the reasons given by the Bankruptcy Appellate Panel in its published opinion in In re Herrera, 422 B.R. 698 (9th Cir. BAP 2010), filed January 5, 2010 and attached as an appendix to this order. [Editor's Note: Appendix Omitted for Purposes of Publication]
The remand issue raised by the appellants before this court is waived because it was not raised below. In re Cybernetic Servs., Inc., 252 F.3d 1039, 1045 n. 3 (9th Cir. 2001).