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BERKLEY v. US BANK NA

No. 2018-CA-01513-COA.

304 So.3d 661 (2020)

Scott BURKLEY a/k/a Scott Berkley, Appellant v. US BANK NA, TRUSTEE FOR LSF9 PARTICIPATION TRUST, Ocwen Loan Servicing LLC, First National Realty Inc., LSF9 Participation Trust, and Glen Hardy, Appellees.

Court of Appeals of Mississippi.

Rehearing Denied August 18, 2020.

Attorney(s) appearing for the Case

ATTORNEY FOR APPELLANT: DRAYTON D. BERKLEY .

ATTORNEYS FOR APPELLEES: CLARENCE WEBSTER III , LAURA WELIKSON , MOLLY MITCHELL WALKER , MICHAEL JAMES BENTLEY , Jackson.

BEFORE CARLTON, P.J., TINDELL AND McDONALD, JJ.

¶1. This appeal involves two issues. The first issue is whether there exists a genuine issue of material fact that defendant Ocwen Loan Servicing LLC (Ocwen) owed a duty under the Real Estate Settlement Procedures Act (RESPA), 12 U.S.C. § 2605, to respond to a request for information from plaintiff Scott Berkley...

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