RESPA

TILA – What You Don’t Know Can Hurt You

Posted on February 19, 2009. Filed under: Case Law, Foreclosure Defense, Loan Modification, Mortgage Audit, Mortgage Fraud, Mortgage Law, Predatory Lending, RESPA, Truth in Lending Act, right to rescind | Tags: , , , , , , |

Pamela D. Simmons
Ten years ago, I represented the borrower in a case that stemmed from a title company’s failure to secure a loan on all of the borrower’s land. (The title company had listed only one of several parcels of land and the lender was unable to non-judicially foreclose on the property as a result.) [...]

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Boulware v. Crossland Mortgage Corp. (RESPA §8)

Posted on January 25, 2009. Filed under: Case Law, Mortgage Law, RESPA | Tags: , , , , |

TYNA L. BOULWARE, on behalf of
herself and all others similarly
situated,
Plaintiff-Appellant,
v.No. 01-2318
CROSSLAND MORTGAGE CORPORATION,
Defendant-Appellee,
UNITED STATES OF AMERICA,
Amicus Curiae.
————————————————*
Appeal from the United States District Court
for the District of Maryland, at Greenbelt.
Frederic N. Smalkin, Chief District Judge.
(CA-01-2114-S)
Argued: April 4, 2002
Decided: May 22, 2002
Before WILKINSON, Chief Judge, and WILLIAMS and
TRAXLER, Circuit Judges.
____________________________________________________________
Affirmed by published opinion. Chief Judge Wilkinson wrote [...]

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Darling v. Indymac Bank (TILA Audit)

Posted on January 19, 2009. Filed under: Case Law, Mortgage Audit, Mortgage Law, Predatory Lending, RESPA, Truth in Lending Act, Yield Spread Premium, right to rescind | Tags: , , , , , , , , , , , , , , , , , , , , , |

Darling v. Indymac Bank, F.S.B., No. 06-123-B-W (D.Me. 12/03/2007)

[1]
UNITED STATES DISTRICT COURT DISTRICT OF MAINE

[2]
Civ. No. 06-123-B-W

[3]
2007.DME.0000264

[4]
December 3, 2007

[5]
JOSEPH AND ROXANNE DARLING, PLAINTIFFS,
v.
INDYMAC BANK, F.S.B., AND WESTERN THRIFT & LOAN, DEFENDANTS.

[6]
The opinion of the court was delivered by: Margaret J. Kravchuk U.S. Magistrate Judge

[7]
MEMORANDUM OF DECISION ON MOTION TO EXCLUDE OR LIMIT EXPERT TESTIMONY

[8]
The [...]

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Smith v. Encore Credit Corp. (TILA/HOEPA/RESPA)

Posted on January 19, 2009. Filed under: Case Law, Foreclosure Defense, Legislation, Mortgage Law, Predatory Lending, RESPA, Truth in Lending Act, right to rescind | Tags: , , , , , , , , , , , , , , , |

Smith v. Encore Credit Corp., No. 4:08 CV 1462 (N.D.Ohio 12/09/2008)

[1]
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

[2]
Case No. 4:08 CV 1462

[3]
2008.NOH.0001120

[4]
December 9, 2008

[5]
RONALD J. SMITH, ET AL., PLAINTIFFS,
v.
ENCORE CREDIT CORP., ET AL., DEFENDANTS.

[6]
The opinion of the court was delivered by: Judge Dan Aaron Polster

[7]
MEMORANDUM OF OPINION AND ORDER

[8]
After LaSalle Bank National [...]

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Culpepper v. Irwin Mortgage Corp., No. 06-11105 (11th Cir. 07/02/2007)

Posted on November 10, 2008. Filed under: Case Law, RESPA | Tags: , |

[1] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT
[2] Nos. 06-11105 & 98-cv-2187
[3] 2007.C11.0001269
[4] July 2, 2007
[5] JOHN ROBERT CULPEPPER, PATRICIA STARNES CULPEPPER, ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED, [...]

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Capell v. Pulte Mortgage L.L.C., No. 07-1901 (E.D.Pa. 11/07/2007)

Posted on November 10, 2008. Filed under: Case Law, RESPA | Tags: , |

[1] IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
[2] CIVIL ACTION No. 07-1901
[3] 2007.EPA.0001057
[4] November 7, 2007
[5] ELLEN ZACCHEO CAPELL
v.
PULTE MORTGAGE L.L.C., ET AL.
[6] The opinion of [...]

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Clifford v. FMF Capital

Posted on October 12, 2008. Filed under: Case Law, Mortgage Audit, Mortgage Law, RESPA, Truth in Lending Act, Yield Spread Premium | Tags: , , , |

 
 UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
_____________________
MARCIA MAE CLIFFORD,
Case No. 1:06-CV-316
Plaintiff,
v. Hon. Richard Alan Enslen
FMF CAPITAL, LLC and
PREMIER MORTGAGE FUNDING,
OPINION
Defendants.
_______________________________/
The crooks in prison wear (orange jump suits) are easy to spot. Those in business wear are
not; though they do no less harm to their unsuspecting victims.
This matter is before the Court on Plaintiff Marcia [...]

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