Homeowners should be suing lenders!
Homeowners, welcome to Paradise Lost, the fate of millions of financially strapped boomers. A simultaneous loss of life savings, job income and foreclosure has many of them wondering, “Whose America is this, anyway? The bankers got bonuses to defraud us, and our industries and economy are in the pits. We worked for decades to live [...]
Read Full Post | Make a Comment ( 4 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
Before WILKINSON, Chief Judge, and WILLIAMS and
TRAXLER, Circuit Judges.
____________________________________________________________
Affirmed by published opinion. Chief Judge Wilkinson wrote [...]
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 U.S. Magistrate Judge
[7]
MEMORANDUM OF DECISION ON MOTION TO EXCLUDE OR LIMIT EXPERT TESTIMONY
[8]
The [...]
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 delivered by: Judge Dan Aaron Polster
[7]
MEMORANDUM OF OPINION AND ORDER
[8]
After LaSalle Bank National [...]
Mincey v. World Savings Bank
Mincey v. World Savings Bank, FSB, No. 2:07-cv-03762-PMD (D.S.C. 08/15/2008)
[1] IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA CHARLESTON DIVISION
[2] C.A. No. 2:07-cv-03762-PMD
[3] 2008.DSC.000
[4] August 15, 2008
[5] BONNIE MINCEY, STEPHANIE O’ROURKE, AND TINA SINGER, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
v.
WORLD SAVINGS BANK, [...]
Set Aside Foreclosure and Decree and Motion for New Trial
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 [...]
CURRENT TRENDS IN RESIDENTIAL MORTGAGE LITIGATION
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 [...]
Bear Stearns and EMC Mortgage Settle Charges
WASHINGTON, D.C. – The Bear Stearns Companies, LLC and its subsidiary, EMC Mortgage Corporation, have agreed to pay $28 million to settle Federal Trade Commission charges that they engaged in unlawful practices in servicing consumers’ home mortgage loans.
The companies allegedly misrepresented the amounts borrowers owed, charged unauthorized fees, such as late fees, property inspection fees, [...]
FORENSIC LOAN DOCUMENT AUDIT
Complete client interview and all applicable parties
Complete loan document and disclosure audit
Truth in Lending Act (TILA) and Real Estate Settlement & Procedures Act (RESPA)
Reverse engineering of your loan terms and Annual Percentage Rate (APR) for possible TILA violations
Complete report with all violations and findings
CONSTRUCTIVE FRAUD
Material facts include the terms of the loan, whether there is [...]
