Posted on September 15, 2009. Filed under: Case Law, Foreclosure Defense, Legislation, Mortgage Audit, Truth in Lending Act, right to rescind | Tags: forensic loan audit, Predatory Lending Case Law, right to rescind, tila, TILA Case Law, TILA violations, Truth in Lending Act, truth in lending law |
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 [...]
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Posted on June 30, 2009. Filed under: Case Law, Legislation, Mortgage Fraud, Predatory Lending, Truth in Lending Act | Tags: Case Law, consumer credit protection act, deceptive lending practices, forensic loan audit, Housing, loan audit, loan document audit, Loan Modification, Mortgage Crisis, Mortgage Law, mortgage litigation, mortgage modification, Predatory Lending Case Law, predatory loan, RESPA Case Law, TILA Case Law, Truth in Lending Act |
Reporting from Washington — The Supreme Court ruled Monday that states could enforce some of their consumer protection laws against national banks, a move that could lead to tougher oversight than federal regulators have provided in recent years.
The 5-4 decision in a case involving attempts by New York’s attorney general to enforce fair-lending laws was [...]
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Posted on June 28, 2009. Filed under: Case Law, Mortgage Audit, Refinance, Truth in Lending Act, right to rescind | Tags: predatory loan, Truth in Lending Act, tila, loan audit, how to stop foreclosure, right to rescind, truth in lending law, Mortgage Fraud, Mortgage Default, Mortgage Crisis, Loan Modification, loan document audit, mortgage litigation, TILA violations, Mortgage Audit, Mortgage Law, RESPA Case Law, TILA Case Law, Predatory Lending Case Law |
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 [...]
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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: fighting foreclosure, Figting Foreclosure, Foreclosure, Foreclosure Defense, foreclosure prevention, forensic loan audit, loan audit, loan document audit, Loan Modification, Mortgage Audit, Mortgage Crisis, Mortgage Default, Mortgage Fraud, Mortgage Law, mortgage litigation, mortgage modification, Predatory Lending Case Law, predatory loan, regulation z, TILA Case Law, TILA violations, Truth in Lending Act, truth in lending law |
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 [...]
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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: predatory loan, Truth in Lending Act, tila, mortgage modification, respa violations, foreclosure prevention, stop foreclosure, right to rescind, truth in lending law, Figting Foreclosure, fighting foreclosure, forensic loan audit, loan document audit, Foreclosure Defense, mortgage litigation, TILA violations, Mortgage Law, Predatory Lending Case Law |
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 [...]
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Posted on May 16, 2009. Filed under: Mortgage Fraud, Mortgage Law, Predatory Lending | Tags: Mortgage Fraud, mortgage litigation, mortgage modification, Predatory Lending Case Law, predatory loan, TILA Case Law, Truth in Lending Act, truth in lending law |
Indianapolis – Some relief is on the way for a small number of Hoosiers who were cheated out of their money. As much as $2.8 million will be returned to Indiana homeowners because of one company’s predatory practices.
Indiana State Attorney General Greg Zoeller announced a $2.8 million predatory lending settlement against Countrywide on Tuesday. About [...]
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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: Truth in Lending Act, right to rescind, truth in lending law, loan document audit, TILA violations, Mortgage Audit, TILA Case Law |
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.) [...]
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Posted on January 19, 2009. Filed under: Uncategorized | Tags: predatory loan, Truth in Lending Act, consumer credit protection act, right to rescind, truth in lending law, Mortgage Fraud, mortgage litigation, TILA violations, TILA Case Law, Case Law, Predatory Lending Case Law, Emotional Distress |
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 [...]
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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: Case Law, deceptive lending practices, Foreclosure Defense, forensic loan audit, HOEPA, loan document audit, Loan Document Review, Mortgage Audit, mortgage litigation, Predatory Lending Case Law, predatory loan, RESPA Case Law, respa violations, right to rescind, tila, TILA Audit, TILA Case Law, TILA violations, Truth in Lending Act, truth in lending law, Yield spread Preium, YSP |
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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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: predatory loan, Truth in Lending Act, regulation z, respa violations, foreclosure prevention, how to stop foreclosure, right to rescind, truth in lending law, Figting Foreclosure, fighting foreclosure, Foreclosure Defense, HOEPA, RESPA Case Law, TILA Case Law, Case Law, Predatory Lending Case Law |
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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