2018 Judge Gravelle - Opinions

Judge Christine M. Gravelle -- Opinions signed in 2018

In re Daniela Maria Rosa, Adv. Pro. 17-01664 8/9/2018

Before the Court is the Defendant’s motion to dismiss the adversary complaint filed by Debtor/Plaintiff for failure to state a claim. At issue is whether Defendant violated the Real Estate Settlement Procedures Act, 12 U.S.C. § 2601 et seq. and Regulation X by failing to properly calculate Plaintiff’s income when evaluating her application for loss mitigation, and failing to correct those errors when noticed by Plaintiff. The Court finds that because the failure to correctly evaluate a loss mitigation option is not a covered error under 12 C.F.R. § 1024.35(b), the motion is GRANTED as to any claims arising under that section. However, Plaintiff has stated a claim for noncompliance with the provisions of 12 C.F.R. § 1024.41(h), and therefore the motion is DENIED as to any claims arising under that section.

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