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 )Ortiz v. Accredited Home Lenders
ERNESTO ORTIZ; ARACELI ORTIZ, Plaintiffs, v. ACCREDITED HOME LENDERS, INC.; LINCE HOME LOANS; CHASE HOME FINANCE, LLC; U.S. BANK NATIONAL ASSOCIATION, TRUSTEE FOR JP MORGAN ACQUISITION TRUST-2006 ACC; and DOES 1 through 100, inclusive, Defendants. CASE NO. 09 CV 0461 JM (CAB) UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA ORDER GRANTING MOTION [...]
Read Full Post | Make a Comment ( None so far )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 )Mortgage Wars
Iris Martin My new book, Mortgage Wars, will guide you, step by step, through a war plan of engagement that has been followed by many homeowners who have won their mortgage wars. You will meet them and their attorneys throughout the book. You will learn about how you were defrauded and why; why the government [...]
Read Full Post | Make a Comment ( 3 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 )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 )Household Credit Services, Inc. v. Pfennig (TILA)
Household Credit Services, Inc. v. Pfennig, 124 S.Ct. 1741, 541 U.S. 232, 158 L.Ed.2d 450 (U.S. 04/21/2004) [1] SUPREME COURT OF THE UNITED STATES [2] No. 02-857 [3] 124 S.Ct. 1741, 541 U.S. 232, 158 L.Ed.2d 450, 2004 Daily Journal D.A.R. 4821, 4 Cal. Daily Op. Serv. 3433, 04 Cal. Daily Op. Serv. 3433, 2004.SCT.0000066< [...]
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