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This is one of three complaints illustrating the use of photographs and images inserted directly into a complaint to visually emphasize facts in a used car case.  The complaints were submitted by Matthew Osborne, a consumer attorney in Northglenn, Colorado.  This complaint involves undisclosed wreck damage, failure to properly brand the title, and odometer tampering.

This is an annotated sample first request for production of documents in a case involving Truth in Lending claims. This request is based on discovery materials prepared by consumer law practitioners in three different cases involving mortgage loans and auto finance.. It is intended to be adaptable for both loans and credit sales. In most cases, a simplified first document request should be served as soon as practicable in the case.

Complaint and Demand for Declaratory and Injunctive Relief

This is an action under the Administrative Procedure Act for declaratory relief from Gainful Employment (“GE”) regulations of the U.S. Department of Education, 34 C.F.R. Part 668 Subpart Q, as applied to member schools of the American Association of Cosmetology Schools. The GE regulation assesses the outcomes of educational programs based on the ratio of graduates’ educational debt to earnings. Although the Department acknowledges that some graduates of cosmetology programs underreport their incomes, the Department has made no provision for such underreporting in its regulations.

Does the preemption of state usury laws enjoyed by national banks under the National Bank Act extend to non-bank debt buyers where, as here, the national bank retains no interest in or control over the subject accounts, and the national bank and the debt buyer are operationally and legally unrelated entities?

As demonstrated in the accompanying memorandum of points and authorities, and the Administrative Record (“AR”), the FDIC’s rule on the Federal Interest Rate Authority, 85 Fed. Reg. 44,146 (July 22, 2020) (“Final Rule”) represents a reasonable interpretation of 12 U.S.C. § 1831d, and should be upheld under Chevron’s familiar two-step framework. The Final Rule is neither arbitrary or capricious, nor contrary to law, is consistent with the FDIC’s authority, and in compliance with applicable procedural requirements.

States have long used interest-rate caps to prevent predatory lending. In light of the comprehensive federal regulatory regime to which national banks are subject, Congress exempted them from compliance with state rate caps in the National Bank Act (“NBA”). 12 U.S.C. § 85 (allowing national banks to “take, receive, reserve, and charge” interest in excess of state law); see also 12 U.S.C. § 1463(g)(1) (same for federal savings associations).

This is a brief in opposition to a lender’s attempt to strike the homeowner’s defenses and dismiss the homeowner’s UDAP and ECOA counterclaims in a Florida action involving the foreclosure of a reverse mortgage for alleged failure to pay property taxes or insurance. Lynn Drysdale of Jacksonville Legal Aid drafted the pleadings.

This is an answer and defenses to a Connecticut action to foreclose on a reverse mortgage for failure to pay property taxes and insurance where the lender breached the payment plan that had been agreed upon.  The Connecticut Fair Housing Center drafted the pleadings.

This is a homeowner’s first request for documents from a reverse mortgage lender in a Florida action to foreclose on the home for non-payment of taxes or insurance. Lynn Drysdale of Jacksonville Legal Aid drafted the pleadings.