Fournigault v. Independence One Mortgage Corp.

MEMORANDUM OPINION AND ORDER

ZAGEL, District Judge.

This is the last surviving member of a large group of MDL cases alleging that various mortgage corporations put too much of Plaintiffs’ money into escrow for taxes. The named plaintiffs now seek Summary Judgment on a contract count.

Plaintiffs claim that Defendant routinely demanded, and collected, monthly escrow payments in excess of the maximum allowed by its form mortgage contracts, and the amounts also exceeded the maximum allowed by the federal Real Estate Settlement Procedures Act (“RESPA”). They seek damages in the form of lost interest,…