DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
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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.