Legal Opinion
Christiana Trust, of Wilmington Sav. Fund Soc'y, FSB v. Riddle
Court of Appeals for the Fifth Circuit
Decided December 21, 2018No. 17-11429PublishedCited by 35 opinions
1Opinion of the Court
JENNIFER WALKER ELROD, Circuit Judge:
*801 Mary Sue Riddle, who took out a home-equity loan from Bank of America, alleges that the bank is vicariously liable for the failure of the bank's loan servicer to comply with the Real Estate Settlement Procedures Act (RESPA). The district court dismissed Riddle's claims under Rule 12(b)(6). We affirm for two independent reasons. First, Riddle did not plead an agency relationship between Bank of America and the loan servicer, an essential element of a vicarious liability claim. Second, even if Bank of America had an agency relationship with the loan…
2Cases cited21 opinions
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3Cited by35 opinions
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- Antonio Gibson v. Fay Servicing LLC, its successors and/or assignsDistrict Court, N.D. Texas · 2026
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