No bar to attorneys’ fees under TILA
A car buyer whose damages under the Truth in Lending Act were slashed by the Supreme Court is nevertheless entitled to attorneys’ fees for that portion of his otherwise “successful action,” the 4th U.S. Circuit Court of Appeals has held. The decision affirms a fee award of more than $80,000 to Bradley Nigh, who claimed [...]
Read Full Post | Make a Comment ( 1 so far )Melfi v. WMC Mortg. Corp
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND. Hon. Mary M. Lisi, U.S. District Judge. Melfi v. WMC Mortg. Corp., 2009 U.S. Dist. LEXIS 1454 (D.R.I., Jan. 9, 2009) DISPOSITION: Affirmed. COUNSEL: Christopher M. Lefebvre with whom Claude F. Lefebvre and Christopher M. Lefebvre, P.C. were on brief for appellant. [...]
Read Full Post | Make a Comment ( None so far )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 )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 )Homeowners’ rallying cry: Produce the note
ZEPHYRHILLS, Fla. – Kathy Lovelace lost her job and was about to lose her house, too. But then she made a seemingly simple request of the bank: Show me the original mortgage paperwork. And just like that, the foreclosure proceedings came to a standstill. Lovelace and other homeowners around the country are managing to stave [...]
Read Full Post | Make a Comment ( None so far )Gilroy v. Ameriquest Mortgage Co. (Predatory Lending)
Gilroy v. Ameriquest Mortgage Co., No. 07-cv-074-JD (D.N.H. 07/23/2007) [1] UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE [2] Civil No. 07-cv-074-JD [3] 2007.DNH.0000541 [4] July 23, 2007 [5] ROSEMARY A. GILROY v. AMERIQUEST MORTGAGE COMPANY, ET AL.*FN1 [6] The opinion of the court was delivered by: James R. Muirhead United States Magistrate [...]
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 )Forensic Loan Audit Uncovered TILA Disclosure Violations
By Lane Houk The borrower in this case had foreclosure filed against them. After retaining an attorney for the foreclosure, the attorney advised them to have an audit of their loan closing file which revealed a material disclosure violation. It is important to note that a loan can ONLY be rescinded when: The loan is [...]
Read Full Post | Make a Comment ( 6 so far )Rescission turns mortgage in to unsecured debt!
The borrowers were married but received only 2 copies of the Right to Cancel notice five days after signing the closing documents for a refinance of their primary residence. Upon completion of a Forensic Loan Audit and the discovery of “material disclosure violations” they rescinded the loan and filed for protection under chapter 13 of [...]
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