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Peters v. Bank of America, N.A

United States District Court, Eastern District of Virginia, Richmond Division

March 18, 2015

RODNEY PETERS, Plaintiff,
v.
BANK OF AMERICA, N.A., et al., Defendants.

OPINION

JOHN A. GIBNEY, JR., UNITED STATES DISTRICT JUDGE.

This matter comes before the Court on the parties' cross-motions for summary judgment. (Dk. Nos. 40, 42.) The plaintiff, Rodney Peters, alleges that Specialized Loan Servicing, LLC ("SLS"), violated the Real Estate Settlement Procedures Act ("RESPA") when it failed to adequately respond to a letter in which Peters disputed fees and requested information related to his mortgage account serviced by SLS. Because Peters did not send his letter to the address properly designated by SLS for the receipt of qualified written requests ("QWRs"), RESPA's requirements related to QWRs do not apply to SLS.

Accordingly, the Court GRANTS the defendant's motion for summary judgment and DENIES the plaintiffs partial motion for summary judgment.

I. STATEMENT OF FACTS[1]

SLS began servicing Peters' home mortgage loan in November 2012. On November 9, 2012, SLS sent Peters a Notice of Transfer letter, informing him that SLS would now handle the payment processing for his mortgage on behalf of the lender. This Notice of Transfer included a section entitled, "ABOUT YOUR RIGHTS UNDER 'RESPA', " which stated:

You should be aware of your rights as a consumer with a home loan. These are explained in detail in Section 6 of the Real Estate Settlement Procedures Act
(RESPA) (12 U.S.C. 2605)Qualified written requests] must be sent to:
Attn: Customer Care Support
P.O. Box 636005
Littleton, CO 80163-6005

(Dk. No. 43, Ex. 1 at 3.) On October 23, 2013, Peters mailed a letter to SLS disputing several fees that appeared on his account and requesting some information about his loan. The letter requested that SLS treat it as a "qualified written request" (Dk. No. 43, Ex. 16 at 1.) Peters mailed the letter to SLS at the following address:

Specialized Loan Servicing, LLC
8742 Lucent Blvd., Suite 300
Highlands Ranch, CO ...

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