host posted on July 06, 2011 11:12
In a long-awaited decision, the Ninth Circuit, in Home Funds Direct v. Monroy, No. 10-60005, has ruled that a court-ordered addendum in chapter 13 altering what must be included in a mortgagee’s monthly statements does not violate the separation of powers clause of the constitution and was constistent with the purpose and requirements of RESPA. The court further found that freedom from reporting requirements was not a “right” protected by section 1322(b)(2). NACBA’s amicus project assisted on the debtor’s brief. Monroy 9th opinion.pdf