Donald Benaine and Sandra Benaine v. Fay Servicing, LLC

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO: 1:26-cv-20441-LEIBOWITZ/Hernandez DONALD BENAINE and SANDRA BENAINE, Plaintiffs, v. FAY SERVICING, LLC, Defendant. _________________________________/ REPORT AND RECOMMENDATION Donald and Sandra Benaine (“Plaintiffs” or the “Benaines”) sued Fay Servicing, LLC (“Defendant”) under the Real Estate Settlement Procedures Act,

12 U.S.C. § 2601

et seq., (“RESPA”), and its implementing regulation, Regulation X, for failing to respond to their loss mitigation letter. Defendant moved to dismiss the complaint (the “Motion”), [ECF No. 8],…