DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

164069P.pdf   04/03/2018  Steven L. Wirtz  v.  Specialized Loan Servicing
   U.S. Court of Appeals Case No:  16-4069
   U.S. District Court for the District of Minnesota - Minneapolis   
[PUBLISHED] [Colloton, Author, with Smith, Chief Judge, and Murphy, Circuit Judge] Civil case - Real Estate Settlement Procedures Act. The district court did not err in finding defendant violated RESPA when defendant failed to conduct a reasonable investigation into plaintiff's loan payment history; nor did the court err in finding defendant violated RESPA by failing to provide the information plaintiff requested about his loan history since origination of the loan; however, plaintiff failed to prove actual damages because defendant's failure to comply with RESPA did not cause plaintiff's alleged harm and the district court erred in granting plaintiff's motion for summary judgment; while plaintiff incurred some expense in obtaining his bank records, those records did not relate to the time period in question and were irrelevant to the parties' dispute; as plaintiff failed to establish an essential element of his RESPA claim - actual damages- the district court erred in awarding statutory damages; plaintiff's judgment under Minnesota's Mortgage Originator and Servicer Licensing Act reversed and remanded for further proceedings.