Brigette Honaker  |  March 20, 2019

Category: Banking News

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U.S. Bank faces a class action lawsuit claiming that the bank failed to pay P.O. Box fees which in turn put homeowners at risk for missing critical mail.

Despite making billions of dollars last year, U.S. Bank reportedly didn’t pay the $50 monthly fee required to keep their P.O. Box in Eagan, Minn. open.

The bank’s alleged failure to pay the monthly fee resulted in the box being shut down for five weeks before reopening on March 8.

The U.S. Bank class action lawsuit states that the P.O. Box in Minnesota is where the bank directs its customer to send their correspondence regarding mortgage loans. Because the box was closed for five weeks, it reportedly caused serious troubles for homeowners and prevented them from obtaining critical information about their mortgage loans.

Plaintiff Kim Gibson says she sent a notice of error to U.S. Bank in early February 2019. Days later, U.S. Bank allegedly wrote back to her with a mortgage statement – confirming that she was required to send communications to the P.O. Box.

Gibson reportedly sent another notice of error to U.S. Bank in late February, but did not receive an acknowledgement which is required by regulations. On March 13, Gibson says she received a returned notice marked “Return to Sender; Attempted – Not Known; Unable to Forward.”

Another plaintiff Lawrence Farrell claims to have had a similar experience when sending requests for information to U.S. Bank. Both Gibson and Farrell argue that their problems stemmed from U.S. Bank failing to keep their P.O. Box open.

The U.S. Bank class action lawsuit alleges that failing to keep the P.O. Box open is a violation of the Real Estate Settlement Procedures Act (RESPA).

RESPA outlines communication procedures for borrowers and lenders. Mortgage borrowers are required to submit inquiries to the address provided by the lender and lenders are required to respond to those inquires within five days, the U.S. Bank class action states. Because U.S. Bank allowed their P.O. Box to close for five weeks, the financial institution allegedly violated RESPA and the duty they owe their borrowers.

Gibson and Farrell seek to represent a Class of loan borrowers who send U.S. Bank a “qualified written request” to their P.O. Box after Jan. 31, 2019 but did not receive a written acknowledgement of receipt or a response due to the address no longer being in operation.

The U.S. Bank class action lawsuit seeks a permanent reopening of the P.O. Box, statutory damages, punitive damages, actual damages, court costs, and attorneys’ fees.

Plaintiffs are represented by Marc E. Dann, Brian D. Flick, Daniel M. Solar, and Whitney Patrice Horton of DannLaw, and Thomas A. Zimmerman Jr. of Zimmerman Law Offices PC.

The U.S. Bank P.O. Box Class Action Lawsuit is Gibson, et al. v. U.S. Bank NA, Case No. 1:19-cv-00538-DAP, in the U.S. District Court for the Northern District of Ohio.

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4 thoughts onU.S. Bank Class Action Says P.O. Box Closure Put Homeowners at Risk

  1. Debbie Hoeferlin-Jones says:

    This happened to me. Was denied the much needed loan modification to lower their high interest rate, thanks to USBANK’S many failures. The entire process was a complete nightmare. Have documented proof of all claims. Please include me.

  2. Ellen R HERTZ says:

    how do I fill out a claim form?

  3. Thelma Lacayo says:

    Thanks

  4. Jaime O Lacayo says:

    Please include me.

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