Collins v. America's Servicing Co., No. 10-2962 (7th Cir. 2011)
Annotate this CasePlaintiff purchased a house in the early 2000s and fell behind on his payments. The lender extended two forbearance agreements, but assessed late fees and reported the late payments; plaintiff was unable to refinance and, when plaintiff was unable to catch up, the lender foreclosed. Plaintiff alleged violation of the Real Estate Settlement Procedures Act (RESPA), 12 U.S.C. 2605 and Indiana Home Loan Practices Act, IND. CODE 24-9-1-1. The district court rejected the claims on summary judgment. The Seventh Circuit affirmed. The lender acted within its contract rights and did not violate the clear terms of the forbearance agreements.
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