Patel v. Specialized Loan Servicing, LLC

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In these consolidated cases, plaintiffs alleged that their mortgage servicers, SLS and Caliber, breached plaintiffs' loan contracts, as well as an implied coverage of good faith and fair dealing, by charging inflated amounts for force-placed insurance. The Eleventh Circuit affirmed the district court's dismissal of the cases under Rule 12(b)(6) for failure to state a claim, holding that the filed-rate doctrine applied because plaintiffs challenged a rate filed with regulators. Therefore, plaintiffs' claims were barred because the filed-rate doctrine precluded any judicial action which undermined agency rate-making authority. View "Patel v. Specialized Loan Servicing, LLC" on Justia Law