Naimoli v. Ocwen Loan Servicing, LLC
In response to the court’s invitation, the Bureau filed an amicus brief addressing how to interpret a servicer’s obligations under RESPA and Regulation X. Under Regulation X, a servicer must investigate and respond when a borrower provides notice of certain enumerated errors as well as “any other error relating to the servicing of a borrower’s mortgage loan.” 12 C.F.R. § 1024.35(b)(11). The issue in this case was whether this catch-all provision applies to a borrower’s claim that the servicer mishandled critical loan documents in connection with the borrower’s efforts to obtain a loan modification. The Bureau’s brief argued that the catch-all provision applies to such a claim in light of the provision’s text, its purpose as described in the regulation’s preamble, and the purpose of RESPA.