HARRELL v. FREEDOM MORTG. CORP.

No. 19-1379.

976 F.3d 434 (2020)

Rodney W. HARRELL, Individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. FREEDOM MORTGAGE CORPORATION, A New Jersey Corporation, Defendant-Appellee. Consumer Financial Protection Bureau, Amicus Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: October 2, 2020.


Attorney(s) appearing for the Case

ARGUED: Rodney W. Harrell , BEINS, AXELROD, P.C., Washington, D.C., for Appellant. Kevin E. Freidl , CONSUMER FINANCIAL PROTECTION BUREAU, Washington, D.C., for Amicus Curiae. Kim M. Watterson , REED SMITH, LLP, Los Angeles, California, for Appellee. ON BRIEF: Justin P. Keating , BEINS, AXELROD, P.C., Washington, D.C., for Appellant. Justin deBettencourt , McLean, Virginia, Travis A. Sabalewski , REED SMITH LLP, Richmond, Virginia, for Appellee. Mary McLeod , General Counsel, John R. Coleman , Deputy General Counsel, Steven Y. Bressler , Assistant General Counsel, CONSUMER FINANCIAL PROTECTION BUREAU, Washington, D.C., for Amicus Curiae.

Reversed by published opinion. Judge Richardson wrote the opinion, in which Judge Thacker and Judge Bell joined.


In this appeal, we are asked to interpret the word "servicer" in the Real Estate Settlement Procedures Act of 1974 ("RESPA"), Pub. L. 93-533, 88 Stat. 1724 (codified at 12 U.S.C. § 2601 et seq.). If a mortgage contract requires the borrower to place property-tax payments in escrow, then RESPA requires "the...

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