McLean v. GMAC

The Court finds that there are genuine issues of material fact concerning whether GMAC’s March 9, 2005 correspondence satisfied the requirements of RESPA. Section 2605(e)(1)(A) provides that:

If any servicer of a federally related mortgage loan receives a qualified written request from the borrower (or an agent of the borrower) for information relating to the servicing of such loan, the servicer shall provide a written response acknowledging receipt of the correspondence within 20 days … unless the action requested is taken within such period.

12 U.S.C. § 2605(e)(1)(A). The March 9, 2005 correspondence is untimely with respect to the plaintiffs’ December 15, 2004 correspondence. (more…)