Diedrich v. Ocwen Loan Servicing, LLC

Dist. Ct. did not err in granting defendant-loan servicing company’s motion for summary judgment in action under Real Estate Settlement Procedures Act (RESPA) alleging that defendant failed to timely provide plaintiffs with information about their mortgage payments as required under RESPA, which caused them to incur certain damages. While record supported plaintiffs’ claim that defendant had violated RESPA by failing to provide adequate response to plaintiffs’ inquiries, dismissal of the instant complaint was nevertheless appropriate, where: (1) plaintiffs failed to present evidence linking their claimed damages (damage to their credit rating and increased interest rates by terms of loan modification agreement) to any failure to provide timely information under RESPA; and (2) other unrelated factors, including plaintiffs’ foreclosure action, resulted in claimed damages in instant case.