District Court finds two violations of RESPA insufficient to establish a pattern and practice of violation of RESPA under 12 USC § 2605.

Represented servicer in affirmative lawsuit filed by the borrower for alleged violations of RESPA.  District Court granted servicer’s motion for summary judgment determining that lender did not engage in a pattern and practice of violation of RESPA.  The District Court held that two RESPA violations committed against one borrower by a servicer was insufficient to establish a pattern and practice of violation of RESPA preventing the award of statutory damages under 12 USC §2605.