MEDRANO v. FLAGSTAR BANK, FSB

No. 11-55412.

704 F.3d 661 (2012)

Jaime MEDRANO and Maribel Medrano, husband and wife, Plaintiffs-Appellants, v. FLAGSTAR BANK, FSB, a Federal Savings Bank; Exodus Financial Corporation, a Nevada corporation formerly known as Doe 1; Jane Fowler Kelleher, formerly known as Doe 2; Stratham Montecito West, a California corporation; Strategic Sales and Marketing Group, a California corporation; Janis Kim Randazzo, individually and responsible managing officer of Strategic Sales and Marketing Group; Fernando Cordero, individually and responsible managing officer of Exodus Financial Corporation; and Dora Senaida Cordero, Defendants-Appellees, and Protofund Mortgage Corporation, a California corporation, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed December 11, 2012.


Attorney(s) appearing for the Case

Jerome Zamos , Law Offices of Jerome Zamos, Woodland Hills, CA, for Plaintiffs-Appellants.

Roland P. Reynolds and Frederick A. Haist , Palmer, Lombardi & Donohue LLP, Los Angeles, CA; Dale A. Arakawa and Lisa P. Gruen , Ericksen Arbuthnot , Los Angeles, CA; and Carol L. Vallely , Law Office of Carol L. Vallely, Verdugo City, CA, for Defendants-Appellees.

Before: SUSAN P. GRABER, SANDRA S. IKUTA, and ANDREW D. HURWITZ, Circuit Judges.


OPINION

GRABER, Circuit Judge:

The Real Estate Settlement Procedures Act ("RESPA") provides an action for damages against mortgage-loan servicers who fail to respond to certain types of inquiries from borrowers. Plaintiffs Jaime and Maribel Medrano allege that Defendant Flagstar Bank, FSB, the servicer of their home loan, violated 12 U.S.C. § 2605 because it did not respond adequately to three letters in which they challenged the monthly payment due...

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