RESPA
Lenders Increasingly Facing Forensic Loan Audits
For the past couple of years, it has become a fairly common practice for lenders and servicers to employ forensic loan audits on pools of mortgages, with the goal of uncovering patterns of noncompliance with federal and local regulations, the presence of fraud and/or the testing of high fee violations. Unfortunately, for these same lenders, [...]
Read Full Post | Make a Comment ( None so far )TILA – What You Don’t Know Can Hurt You
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 [...]
Read Full Post | Make a Comment ( None so far )Boulware v. Crossland Mortgage Corp. (RESPA §8)
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 [...]
Read Full Post | Make a Comment ( None so far )Darling v. Indymac Bank (TILA Audit)
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 [...]
Read Full Post | Make a Comment ( None so far )Smith v. Encore Credit Corp. (TILA/HOEPA/RESPA)
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 [...]
Read Full Post | Make a Comment ( 1 so far )Culpepper v. Irwin Mortgage Corp., No. 06-11105 (11th Cir. 07/02/2007)
[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, PLAINTIFFS-APPELLANTS, v. IRWIN MORTGAGE CORPORATION, F.K.A. INLAND MORTGAGE CORPORATION, DEFENDANT-APPELLEE. BEATRICE HIERS, INDIVIDUALLY AND AS A [...]
Read Full Post | Make a Comment ( None so far )Capell v. Pulte Mortgage L.L.C., No. 07-1901 (E.D.Pa. 11/07/2007)
[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 the court was delivered by: Dalzell, J. [7] MEMORANDUM [8] In 2006, plaintiff Ellen Zaccheo Capell bought [...]
Read Full Post | Make a Comment ( None so far )Clifford v. FMF Capital
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 [...]
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