Landau v. Roundpoint Mortgage Servicing Corp., No. 17-11151 (11th Cir. 2019)Annotate this Case
Plaintiff filed suit under the Real Estate Settlement Procedures Act (RESPA), alleging that RoundPoint's motion to reschedule a foreclosure sale (as opposed to canceling it altogether) violated 12 C.F.R. 1024.41(g) of Regulation X.
The Eleventh Circuit affirmed the district court's dismissal of plaintiff's case and held that a motion to reschedule a previously ordered foreclosure sale is not a motion for order of sale. In this case, RoundPoint moved only to reschedule the foreclosure sale and thus RoundPoint did not violate Regulation X. Therefore, the court held that plaintiff failed to state a claim under section 1024.41(g) and that her claim under the Fair Debt Collection Practices Act also failed.