Linderman v. U.S. Bank National Association

Federal 7th Circuit Court
Civil Court
Real Estate Settlement Procedures Act
Citation
Case Number: 
No. 17-1770
Decision Date: 
April 10, 2018
Federal District: 
S.D. Ind., Indianapolis Div.
Holding: 
Affirmed

Dist. Ct. did not err in dismissing instant action under Real Estate Settlement Procedures Act (Act) arising out of defendant-bank’s alleged failure to send plaintiff timely response to her inquiry regarding the status of her home loan with defendant. Dist. Ct. could properly find that plaintiff could not establish any damages arising out of any non-receipt of information regarding status of her loan, where: (1) plaintiff claimed difficulties that she experienced while attempting to repair her home occurred prior to date she made request for status of her loan; (2) plaintiff’s financial inability to make said repairs were not related to non-receipt of status report, since Act does not require that defendant pay money in response to written request for status; and (3) plaintiff failed to demonstrate how earlier receipt of status report would have helped her.