· 3/5/1909
Louisville Water Co. v. Commonwealth
Citations
- 132 Ky. 311
- 116 S.W. 711
- 1909 Ky. LEXIS 115
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “form letter with no individualized features” was insufficient to satisfy servicer’s duty under 12 U.S.C. § 2605
- holding that mere form response to Notice of Error and Request for Information did not satisfy RESPA’s requirements
- holding that postage fees for mailing a qualified written request “metamorphosed into damages” when the servicer failed to respond as required by RESPA
- stating that RESPA requires “some explanation” as to why the servicer believes the account is accurate and finding that servicer did not comply with RESPA where it “made no effort. . .to explain or clarify why.it felt that [the borrower’s] account was correct”
- servicer violated RESPA by sending \a form letter with no individualized features apart from the list of enclosures\ and \therefore explained nothing whatsoever about [the borrower's] individual circumstances or her account\
- “In other words, courts in this circuit and district have previously found that the costs of preparing and sending a QWR, as well as costs of filing suit to enforce RESPA, do not satisfy the actual damages requirement.” (collecting cases)
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.