Legal Opinion
John Lage v. Ocwen Loan Servicing LLC
Court of Appeals for the Eleventh Circuit
Decided October 7, 2016No. 15-15558PublishedCited by 58 opinions
1Per curiam
In this appeal we consider whether loan servicer Ocwen Loan Servicing, LLC had a duty to evaluate an application for loss mitigation options submitted by borrowers John Lage and Maria Mantilla (“Borrowers”) when, at the time the application was submitted, a foreclosure sale of the Borrowers’ property was scheduled to occur in two days. Under Regulation X, 1 which implements the Real Estate Settlement Procedures Act (“RESPA”), 2 a loan servicer’s duty to evaluate a borrower’s loss mitigation application is triggered only when the borrower submits the application more than 37 days before the…
2Cases cited6 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Christensen v. Harris CountySupreme Court of the United States · 2000
- McCullough Ex Rel. McCullough v. AntoliniCourt of Appeals for the Eleventh Circuit · 2009
- Glazer v. Reliance Standard Life InsuranceCourt of Appeals for the Eleventh Circuit · 2008
- Margaret C. Renfroe v. Nationstar Mortgage, LLCCourt of Appeals for the Eleventh Circuit · 2016
1 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- Irina Tesoriero v. Carnival CorporationCourt of Appeals for the Eleventh Circuit · 2020
- Sutton v. CitiMortgage, Inc.District Court, S.D. New York · 2017
- Tanasi v. CitiMortgage, Inc.District Court, D. Connecticut · 2017
- Christiana Trust, of Wilmington Sav. Fund Soc'y, FSB v. RiddleCourt of Appeals for the Fifth Circuit · 2018
- Steven Bivens v. Select Portfolio Servicing, Inc.Court of Appeals for the Eleventh Circuit · 2017
53 more not listed; retrieve them via the Exa API.