Case: 18-11098 Date Filed: 04/09/2019 Page: 1 of 14 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 18-11098 ________________________ D.C. Docket No. 2:17-cv-14222-RLR MICHELINA IAFFALDANO, Plaintiff-Appellant, versus SUN WEST MORTGAGE COMPANY, INC., Defendant-Appellee. ________________________ Appeal from the United States District Court for the Southern District of Florida ________________________ (April 9, 2019) Before MARCUS, GRANT and HULL, Circuit Judges. PER CURIAM: Plaintiff Michelina Iaffaldano, a Florida homeowner, brought this suit against defendant Sun West Mortgage Company Inc. (“Sun West”), the servicer of Case: 18-11098 Date Filed: 04/09/2019 Page: 2 of 14 a reverse mortgage that Iaffaldano obtained on her home. In her complaint, Iaffaldano alleged, among other things, that Sun West violated the Real Estate Settlement Procedures Act (“RESPA”), 12 U.S.C. § 2605, and its implementing regulation, Regulation X, 12 C.F.R. § 1024, when it charged her for force-placed hazard insurance instead of advancing monies to her insurance carrier through an escrow account. Following a two-day bench trial, the district court entered judgment in favor of Sun West. After careful review of the record and the parties’ briefs, and with the benefit of oral argument, we affirm. I. BACKGROUND A. Reverse Mortgage Iaffaldano resides in a home in St. Lucie County, Florida, which is subject to a home-equity conversion mortgage, commonly called a “reverse mortgage,” that she took out in 2009. A reverse mortgage is a financial instrument designed to allow older homeowners to convert their home equity into liquid assets. Estate of Jones v. Live Well Fin., Inc., 902 F.3d 1337, 1338-39 (11th Cir. 2018). As in a typical reverse-mortgage transaction, Iaffaldano received a loan that is secured by a mortgage on her home. See id. The loan was for $255,000. Iaffaldano was not obligated to repay the loan until a later “triggering” event, such as if she sold the 2 Case: 18-11098 Date Filed: 04/09/2019 Page: 3 of 14 home. See id. Indeed, Iaffaldano was not required to make monthly payments to Sun West. Under the mortgage’s terms, Iaffaldano was required to maintain hazard insurance (“insurance”) on her property and pay all necessary insurance premiums and taxes. When obtaining the mortgage, Iaffaldano signed a written form electing to make those insurance and tax payments herself. Iaffaldano did not establish an escrow account, or otherwise set aside funds, with Sun West to pay for her insurance and taxes. At trial, a representative of Sun West confirmed that Iaffaldano did not have an escrow account with it or any other monetary set-aside for insurance and taxes. Iaffaldano initially purchased the necessary insurance coverage, but the policy lapsed in 2010 when she did not pay the premiums. Despite numerous notifications sent by Sun West, she still failed to renew the insurance. B. 2013 Repayment Plan Agreement Eventually and upon the request of Iaffaldano, Sun West advanced her a total of $5,407 so that she could obtain insurance for her property in 2012 and 2013. Sun West paid the premiums directly to the insurance carrier, ...
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