Barzelis Ex Rel. Estate of Barzelis v. Flagstar Bank, F.S.B.

JERRY E. SMITH, Circuit Judge:

Stacy Barzelis appeals the dismissal of her various state-law claims against Flags-tar Bank, F.S.B. (“Flagstar”), as preempted under the Home Owners’ Loan Act of 1933 (“HOLA”), as well as a summary judgment on her claim under the Real Estate Settlement Procedures Act of 1974 (“RESPA”). Applying regulatory guidance from the Office of Thrift Supervision (“OTS”) to divine when HOLA preemption applies, we affirm in part and reverse in part and remand.

I

In 2007, Stacy Barzelis and her husband Nicholas Barzelis refinanced their home loan with Fairway Independent…