What the Lawsuit Alleges
The case, Warshaw v. Bank of America N.A., was filed in January 2025 in federal court in Florida. The plaintiff alleges that when mortgage borrowers submit a formal written request for information, sometimes called a qualified written request or notice of error, federal mortgage servicing rules require the servicer to respond within a set number of days.
The lawsuit claims Bank of America miscalculated that deadline in a way that effectively gave itself more time than the rules allow, and separately refused to provide copies of call recordings between borrowers and the mortgage servicer, even though the plaintiff argues borrowers are entitled to them. The complaint seeks to represent both a group of Florida borrowers affected by the deadline issue and a nationwide group of borrowers denied call recordings.
Part of a Broader Pattern of Servicing Complaints
This case sits alongside a series of other class action complaints filed against Bank of America mortgage servicing operations in recent years, including allegations about undisclosed escrow account practices, automatic insurance payments made without adequate diligence, and difficulty obtaining timely playback of customer service call recordings. Bank of America has previously resolved some servicing-related disputes, including a lien-release notification settlement in New York, without admitting wrongdoing.
These cases generally proceed under the Real Estate Settlement Procedures Act, a federal law that sets specific rules for how mortgage servicers must respond to borrower inquiries and disputes, along with related state consumer protection statutes. Bank of America has denied wrongdoing in the pending litigation.
Where Things Stand
As of this update, the case remains in active litigation, with no ruling on class certification or settlement announced. Cases like this typically take months or years to resolve, either through a certified class settlement, individual arbitration if an arbitration clause applies, or dismissal.
If you believe your mortgage records requests were mishandled, whether or not this specific case eventually certifies as a class, documenting your requests and any response delays is the practical first step, since federal servicing rules create specific rights independent of any one lawsuit.
How to Get Legal Help
If you submitted a written request for information or a notice of error to your mortgage servicer and did not receive a timely, complete response, keep copies of everything you sent and any response you received, including the dates. A consumer finance attorney can evaluate whether your servicer met its legal obligations under federal mortgage servicing rules.
To follow any further developments, bookmark this page and subscribe to LawsuitWatch alerts.
Free Legal Evaluation
Do You Qualify to File a Claim?
Our network of verified plaintiff attorneys offers free, no-obligation case evaluations. Contingency fee representation means you pay nothing unless you win.
Bank of America Mortgage Records Lawsuit: What It Alleges: Frequently Asked Questions
Answers to the most common questions about this case and your legal options.
What is the Bank of America mortgage records lawsuit?
A proposed class action, Warshaw v. Bank of America, alleges the bank miscalculated response deadlines for borrowers formal information requests and refused to provide call recordings borrowers are entitled to under federal mortgage servicing rules.
What law applies to mortgage servicer response times?
The Real Estate Settlement Procedures Act, a federal law that requires mortgage servicers to respond to qualified written requests and notices of error within specific timeframes.
Has Bank of America settled this case?
No. As of this update, the case remains in active litigation with no class certification ruling or settlement announced.
Is this the only mortgage-related case against Bank of America?
No. The bank has faced a series of mortgage servicing class actions in recent years covering escrow practices, insurance payments, and call recordings, and has resolved some past disputes without admitting wrongdoing.
What should I do if my request was ignored?
Keep copies of everything you submitted and any response you received, including dates, since federal servicing rules create specific rights regardless of how this particular lawsuit resolves. An attorney can evaluate your situation.