Ortiz v. Accredited Home Lenders

Posted on December 5, 2009. Filed under: Case Law, Foreclosure Defense, Loan Modification, Truth in Lending Act | Tags: , , , , , , , |

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

Posted on September 15, 2009. Filed under: Case Law, Foreclosure Defense, Legislation, Mortgage Audit, Truth in Lending Act, right to rescind | Tags: , , , , , , , |

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 Koons [...]

Read Full Post | Make a Comment ( 1 so far )

Melfi v. WMC Mortg. Corp

Posted on June 28, 2009. Filed under: Case Law, Mortgage Audit, Refinance, Truth in Lending Act, right to rescind | Tags: , , , , , , , , , , , , , , , , , , |

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.
Jeffrey S. Patterson with [...]

Read Full Post | Make a Comment ( None so far )

Mortgage Wars

Posted on June 26, 2009. Filed under: Foreclosure Defense, Fraud, Loan Modification, Mortgage Audit, Mortgage Fraud, Mortgage Law, Predatory Lending, Truth in Lending Act, right to rescind | Tags: , , , , , , , , , , , , , , , , , , , , , , |

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 cannot [...]

Read Full Post | Make a Comment ( 3 so far )

Homeowners should be suing lenders!

Posted on June 26, 2009. Filed under: Foreclosure Defense, Fraud, Loan Modification, Mortgage Audit, Mortgage Law, Predatory Lending, Truth in Lending Act, right to rescind | Tags: , , , , , , , , , , , , , , , , , |

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

Posted on February 19, 2009. Filed under: Case Law, Foreclosure Defense, Loan Modification, Mortgage Audit, Mortgage Fraud, Mortgage Law, Predatory Lending, RESPA, Truth in Lending Act, right to rescind | Tags: , , , , , , |

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 result.) [...]

Read Full Post | Make a Comment ( None so far )

Gilroy v. Ameriquest Mortgage Co. (Predatory Lending)

Posted on January 19, 2009. Filed under: Uncategorized | Tags: , , , , , , , , , , , |

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 Judge

[7]
ORDER

[8]
Pro se plaintiff Rosemary A. Gilroy brings this diversity action against Ameriquest Mortgage [...]

Read Full Post | Make a Comment ( None so far )

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 [...]

Read Full Post | Make a Comment ( None so far )

Household Credit Services, Inc. v. Pfennig (TILA)

Posted on January 19, 2009. Filed under: Case Law, Finance, Truth in Lending Act | Tags: , , , , |

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< http://www.versuslaw.com>

[4]
April 21, 2004

[5]
HOUSEHOLD CREDIT SERVICES, [...]

Read Full Post | Make a Comment ( None so far )

Forensic Loan Audit Uncovered TILA Disclosure Violations

Posted on January 18, 2009. Filed under: Case Law, Foreclosure Defense, Mortgage Audit, Truth in Lending Act, bankruptcy, right to rescind | Tags: , , , , , , , , , , , , , , , |

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 a refinance [...]

Read Full Post | Make a Comment ( 6 so far )

« Previous Entries

Liked it here?
Why not try sites on the blogroll...