The Home Affordable Modification Program (HAMP) has lately been cited by disgruntled mortgagors who did not receive a loan modification to their liking. The latest of these cases has gone the way of almost all the rest: mortgagors are not third party beneficiaries under the program so they have no…
Read More »In an attempt to invoke the equitable tolling doctrine on a TILA damage claim against an assignee the plaintiff in Conder v. Home Sav. of Am., CV 077051AGCT (C.D. Cal. June 14, 2010) alleged that the disclosures provided to him before his loan closed violated TILA by failing to adequately…
Read More »The Third Circuit has weighed in on the quantum of proof necessary to carry a TILA claim centering on a creditor’s failure to provide two copies of the notice of the right to cancel. In Jobe v. Argent Mortg. Co., LLC, 09-3677, 2010 WL 1255683 (3d Cir. Apr. 2, 2010)…
Read More »A state court judge in Suffolk County New York ruled in favor of the mortgagors in a mortgage foreclosure action, arguing that the mortgagee did not act in good faith and deliberately tried to ruin the couple’s chance of keeping their home. In Emigrant Mortgage Co. Inc. v. Corcione, No.…
Read More »In LeBlanc v. Unifund CCR Partners, 08-16031, 2010 WL 1200691 (11th Cir. Mar. 2010) the Court of Appeals for the 11th Circuit held as matter of first impression that a debt collector may violate the FCCPA by failing to register as an out-of-state consumer collection agency and returned the case…
Read More »Described by the Indiana Court of Appeals as Kafkaesque the facts in Elliott v. JPMorgan Chase Bank, 920 N.E.2d 793, 794 (Ind. Ct. App. Feb. 3, 2010) involved a uniquely bizarre situation where a mortgage had been paid and released by the mortgagee but, unbeknownst to the mortgagee, its servicer…
Read More »In Vang v. Home Loan Funding, Inc., CV F 07-1454 AWI GSA, (E.D. Cal. Feb. 22, 2010) the mortgage-assignee, a federally chartered thrift, moved to dismiss a class claim for fraudulent omission brought under California common law and under California’s Business and Professional Code § 17200 on the ground that…
Read More »In Davis v. Wells Fargo Bank, 07 C 2881, (N.D. Ill. Feb. 5, 2010) the Plaintiff plead that the Defendants discriminated against her by continuing to demand payment on the mortgage despite their knowledge that the initial mortgagee defrauded her. This conduct, she asserted, violated Sections 3604 and 3605 of…
Read More »A recent decision from the Northern District of Illinois, Hickman v. Wells Fargo Bank, 09-cv-5090 (N.D. Ill., Jan. 26, 2010) followed the holding in _Levin v. Citibank, N.A._, 2009 WL 3008378 (N.D.Cal., 2009) that a complaint contending that a creditor violated TILA and Regulation Z by impermissibly reducing the consumer’s…
Read More »The U.S. District Court for the Eastern District of New York held in Erich v. I.C. System, Inc., No. CV-09-726 (E.D.N.Y., January 2010) that a Spanish sentence inserted into the English language notice of a debt collector’s dunning letter violated FDCPA by overshadowing the rest of the notice. The subject…
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