Class Action Law Suit Against CitiMortgage for not Answering QWRs (RESPA VIOLATION)

stopforeclosurefraud.comMay 25, 2012

UNITED STATES DISTRICT COURT OF THE STATE OF EASTERN DISTRICT OF NEW YORK

PATRICIA  ROTH, A/K/A PATRICIA MCCARTHY,
Individually and on behalf of
a class of borrowers similarly situated,
Plaintiff

Against

CITIMORTGAGE INC.
Defendants

Excerpt

80. The class of persons Plaintiff seeks to represent are those owners of “owner occupied” residential structures or condominiums (or who have an interest in such real property) who’s mortgage loans are serviced by Defendant, and who have been injured by Defendant’s pattern of systematically, violating and circumventing the provisions of RESPA (12 U.S.C. Section 2605(e) et seq.), and the FDCPA (15 U.S.C. § 1692(c) et seq.), as well as New York GBL § 349 within one year from the date of the commencement of this action.

81. The central questions in this litigation relate to the Defendant’s pattern of practice whereby (a) it systematically and deliberately violated and circumvented the provisions of RESPA (12 U.S.C. Section 2605(e) et seq.) by (a) its complete failure to respond, or its inadequate responsiveness, to QWRs, as well as its timeliness of responses in providing the information in response to QWRs, (b) by Defendant’s failure to remove information regarding any alleged overdue payments, to consumer reporting agencies during its review of said QWR’s, and (c) for Defendant’s violations of the FDCPA (15 U.S.C. § 1692 et seq.) in circumventing Plaintiff’s attorney(s) by corresponding directly with the mortgagor instead of Plaintiff’s attorney(s) in responding to QWRs. It is alleged that Defendant’s violations of the aforementioned statutes resulted in damages to the Plaintiff, as well as the class she seeks to represent, in the form of (a) statutory violations as well as (b) actual damages as mentioned hereinabove.

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