Kincer v. Carrington Mortgage Services, LLC

In Kincer v. Carrington Mortgage Services, LLC, the plaintiff, a borrower, filed a lawsuit against the mortgage servicing company in the United States District Court for the Northern District of Georgia on August 21, 2018. The plaintiff alleged that Carrington Mortgage Services, LLC violated the Real Estate Settlement Procedures Act by failing to adequately respond to a qualified written request concerning the servicing of the plaintiff mortgage loan. The complaint also raised claims related to improper account management, errors in payment application, and failure to provide accurate information regarding the loan status. The case centered on whether the servicer fulfilled its statutory obligations to investigate and respond to borrower inquiries within prescribed timeframes, and whether deficiencies in communication constituted a violation warranting statutory damages and corrective action.

The case was resolved through procedural rulings on the defendant motions. The specific final disposition on the merits is not publicly detailed in available records, but the matter proceeded through the Northern District of Georgia with substantive motions addressing the sufficiency of RESPA claims.

Whether Carrington Mortgage Services, LLC violated the Real Estate Settlement Procedures Act by failing to properly acknowledge, investigate, and respond to a qualified written request from the borrower within the statutorily mandated timeframes, and whether the plaintiff suffered actual damages or was entitled to statutory damages as a result of the alleged servicing deficiencies.

This case highlighted ongoing tensions between mortgage servicers and borrowers regarding compliance with RESPA communication requirements. It reinforced the importance of mortgage servicing companies maintaining robust procedures for handling qualified written requests and borrower correspondence. The litigation served as a reminder that borrowers possess statutory remedies when servicers fail to meet their obligations, contributing to the broader landscape of consumer financial protection enforcement and servicer accountability standards.