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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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 owner or holder of the note [...]

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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.
 

 
Borrowers [...]

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