Conover v. Patriot Land Transfer: RESPAâ€™s Statute of Limitations and Equitable Tolling Clash Again
The plaintiffs sought to rely on the doctrine of equitable tolling to try to avoid the statute of limitations. Risky move.
A recent court decision was handed down in a standard Section 8 RESPA claim case in which a title agency supplied borrower leads and data lists in exchange for lender referrals. Being that the court issued the decision in the context of a motion to dismiss; allegations were accepted as true though not evaluated. However, this recent decision clarifies how lower courts are tackling RESPA’s statute of limitation.
Jay N. Varon is a partner and litigation lawyer in Foley & Lardner LLP's Washington D.C. office. Mr. Varon has litigated a broad cross-section of commercial cases around the country, including matters relating to the Real Estate Settlement Procedures Act (RESPA) and other federal and state consumer financial services laws, as well as cases involving antitrust, unfair competition, deceptive trade practice, trade secrets, environmental, business tort, securities fraud, and products liability issues.
Jennifer M. Keas
Foley & Lardner LLP
Jennifer M. Keas is a partner and consumer financial services lawyer with Foley & Lardner LLP where she litigates complex, high-stakes cases and other lawsuits and defends clients in investigations and proceedings initiated by the Consumer Financial Protection Bureau, as well as other matters involving regulatory agencies or state attorneys general.