Illinois 7th Circuit Appeals Reverses "RESPA, BREACH OF CONTRACT CLAIMS" Catalan v. GMAC

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Illinois 7th Circuit Appeals Reverses “RESPA, BREACH OF CONTRACT CLAIMS” Catalan v. GMAC

Illinois 7th Circuit Appeals Reverses “RESPA, BREACH OF CONTRACT CLAIMS” Catalan v. GMAC

In the
United States Court of Appeals
For the Seventh Circuit

No. 09-2182

SAUL H. CATALAN and MIA MORRIS,
Plaintiffs-Appellants,
v.
GMAC MORTGAGE CORP.,
Defendant-Appellee.

Appeal from the United States District Court
for the Northern District of Illinois, Eastern Division.
No. 05 C 6920—George W. Lindberg, Judge.
ARGUED FEBRUARY 12, 2010—DECIDED JANUARY 10, 2011

Before EASTERBROOK, Chief Judge, HAMILTON, Circuit
Judge, and SPRINGMANN, District Judge..

HAMILTON, Circuit Judge. Plaintiffs Saul H. Catalan and Mia Morris sued defendants RBC Mortgage Company and GMAC Mortgage Company under the federal RealEstate Settlement Procedures Act (“RESPA”), 12 U.S.C. § 2601, et seq., and under Illinois law for gross negligence, breach of contract, and willful and wanton negligence. The district court dismissed the plaintiffs’ gross negligence claim as merely duplicating the willful and wanton negligence claim. The court granted summary judgment to GMAC Mortgage on the plaintiffs’ RESPA, breach of contract, and remaining negligence claims. The plaintiffs appeal those decisions. We reverse the grant of summary judgment for GMAC Mortgage on the plaintiffs’ RESPA and breach of contract claims, and we affirm summary judgment on their negligence claims.1

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[ipaper docId=46657736 access_key=key-1no0q0mzys1smc5m545b height=600 width=600 /]



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