Wirtz v. Specialized Loan Servicing, LLC, No. 19-1084 (8th Cir. 2021)
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Plaintiff filed suit against Specialized, alleging violations of the Real Estate Settlement Procedures Act (RESPA) and the Minnesota Mortgage Originator and Servicer Licensing Act (MOSLA). The Eighth Circuit previously held that plaintiff failed to establish an essential element of his claim under RESPA, and remanded the case for further proceedings on his claim under the Minnesota statute. On remand, the district court granted summary judgment in favor of Specialized.
The Eighth Circuit affirmed the district court's judgment, holding that plaintiff did not present sufficient evidence that he was injured by Specialized's conduct, and thus did not create a genuine dispute of material fact on an element of his state-law claim.
Court Description: [Colloton, Author, with Grasz and Stras,Circuit Judges] Civil case - Minnesota Mortgage Originator and Servicer Licensing Act. For the court's prior opinion holding plaintiff had failed to state a claim under the Real Estate Settlement Procedures Act and remanding the case for consideration of the state law claim, see Wirtz v. Specialized Loan Servicing, LLC, 886 F.3d 713 (8th Cir. 2018). Held: the district court did not err in dismissing plaintiff's claim under the Minnesota Mortgage Originator and Servicer Licensing Act as plaintiff did not present sufficient evidence that he was injured by Specialized's conduct and thus did not create a genuine dispute of material fact on an element of his state-law claim.
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