Darling v. Indymac Bank (TILA Audit)

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

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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, right to rescind, Truth in Lending Act | 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 [...]

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Set Aside Foreclosure and Decree and Motion for New Trial

Posted on November 8, 2008. Filed under: Case Law, Foreclosure Defense, Mortgage Audit | Tags: , , , , , , , |

By: Kenneth DeLashmutt Prove Up of the Claim To recover on a promissory note the Plaintiff (lender) must prove existence of the note. To recover on a promissory note, the plaintiff must prove: (1) the existence of the note in question; (2) that the party sued signed the note; (3) that the plaintiff is the [...]

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CURRENT TRENDS IN RESIDENTIAL MORTGAGE LITIGATION

Posted on October 5, 2008. Filed under: Foreclosure Defense, Mortgage Audit, Truth in Lending Act | Tags: , , , , , , , |

BYLINE: Daniel A. Edelman*; *DANIEL A. EDELMAN is the founding partner of Edelman & Combs, of Chicago, Illinois, a firm that represents injured consumers in actions against banks, mortgage companies, finance companies, insurance companies, and automobile dealers. Mr. Edelman or his firm represented the consumer in a number of the cases discussed in this article. [...]

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