This is a federal court complaint and various attachments filed by David Philipps or Palos Hills, Illinois, and Bradform Botes of Birmingham, Alabama on September 22, 2023, in the Eastern District of Missouri alleging FDCPA violations involving failure to report that a debt is disputed (1692e(8)), and unfair or unconscionable collection actions (1692f). The complaint also addresses federal court standing.
This is a federal court complaint and various attachments filed by David Philipps and other attorneys of Philipps and Philipps of Palos Hills on August 31, 2023, in the Eastern District of Missouri alleging FDCPA violations involving failure to cease communications and collections (1692c(c)), and communicating with a consumer represented by counsel (1692c(a)(2)). The complaint also addresses federal court standing.
This is a federal court complaint and various attachments filed by David Philipps and other attorneys of Philipps and Philipps of Palos Hills and John Steinkamp of Indianapolis, Indiana, on October 13, 2023, in the Southern District of Indiana alleging FDCPA violations involving demanding a debt not owed (1692e), failure to cease communications and collections (1692c(c)), communicating with a consumer represented by counsel (1692c(a)(2)), and harassment or abuse (692d(2). The complaint also addresses federal court standing.
Mishandling of loan modification implementation: RESPA NOE, pattern and practice, breach of contract, breach of covenant of good faith and fair dealing. Javier Merino.
Complaint. Loss mitigation, trial plan and modification implementation. RESPA (NOE & RFI), UDAP, breach of contract, covenant of good faith and fair dealing, specific allegations of harm. Javier Merino
Declaration of Richard Dubois, Proposed Cy Pres Recipient
Class action complaint against Navy Federal Credit Union, the country’s largest credit union, following a CNN report demonstrating a sharp disparity between approval rates for White mortgage applicants as compared to Hispanic and Black applicants. While the complaint does not directly allege redlining practices, it does claim that the credit union violated the ECOA, the FHA, and section 1981 of the federal Civil Rights Act by engaging in “systematic discrimination in housing, in violation of federal law.”
This 2024 brief reviews the requirements of the federal E-Sign Act, and argues that it precludes oral consent from meeting the requirement of prior express written consent. It also rebuts the caller's claim that the consumer's alleged oral consent to receive calls met the requirement of the FCC's regulations that an agreement to receive calls be signed by the consumer.
Mishandling of modification, escrow disputes, deferral transition. RESPA NOE. Javier Merino.
First Amended Complaint for Wrongful Foreclosure, E.D. Cal. filed Jan. 25, 2021, by Evan Livingstone, Calif. Rural Legal Assistance. Home already foreclosed and sold to bona fide purchaser, action for damages only. Franklin is servicer for Wilmington. Notice of default and notice of sale did not list correct amount due on second mortgage. Six claims: (1) breach of contract against Wilmington.
Homeowner’s discovery requests (combined interrogatories and document requests) to defendant servicer. Loss mitigation, fees, property inspections. Jeff Gentes.
Breen v. Midfirst Bank, D. Conn., Complaint May 2024 application of payments, escrow, UDAP, related Reg. X, and breach of contract. Lorraine Martinez Conn. Fair Housing
Tremalgio v. PHH Corp., D. Conn. April 2023. Complaint. Loss mitigation-related UDAP, RESPA, harm related to implementation of loan modification Jeff Gentes
This is a declaration by Florida attorney Robert Murphy filed in the federal district court for the Eastern District of Virginia concerning various grounds he has witnessed the American Arbitration Association use to refuse to arbitrate a case based on a business's conduct: failing to pay filing fees, failing to register the arbitration agreement, using an arbitration agreement that does not meet the AAA's due process protocols, and the business's conduct in past AAA arbitrations.
This proposed order by Florida attorney Robert Murphy filed in 2023 in the federal district court for the Eastern District of Virginia requests that the case be stayed pending arbitration by the American Arbitration Association, that the court retain jurisdiction in the case, and that the parties be required to participate in the arbitration. The attorney was concerned that the defendant would not participate in the arbitration or that for other reasons the AAA would dismiss the case based on the defendant's conduct.
This memorandum by Florida attorney Robert Murphy filed in the federal district court for the Eastern District of Virginia requests that the case not be dismissed because of an arbitration requirement, but rather that the case be stayed pending arbitration by the American Arbitration Association, and that the court retain jurisdiction. The attorney was concerned that the defendant would not participate in the arbitration or that for other reasons the AAA would dismiss the case based on the defendant's conduct. In that case, the consumer seeks to be able to return to court to
This is an answer and defenses to a Florida action to foreclose on a reverse mortgage for failure to pay property taxes and insurance where the defenses are based on the lender’s failure to comply with servicing requirements and failure to show it has standing to foreclose. Lynn Drysdale of Jacksonville Legal Aid drafted the pleadings.
This is an answer and defenses to a Florida action to foreclose on a reverse mortgage for failure to pay property taxes and insurance where the defenses are based on the lender’s failure to comply with servicing requirements and failure to show it has standing to foreclose. Counterclaims include UDAP and ECOA age discrimination and adverse action notice violations. Lynn Drysdale of Jacksonville Legal Aid drafted the pleadings.
This is an amended answer, defenses and counterclaims to a Florida action to foreclose on a reverse mortgage where there was confusion as to the amount owed on a separate line of credit that was used to pay insurance. The defenses are based on estoppel, the lender’s failure to comply with HECM servicing requirements, substantial performance, and unclean hands. Counterclaims include violation the state debt collection, ECOA violations for age discrimination and failure to properly send adverse action notices, malicious prosecution, and slander of title.
This is an amended counterclaims to a Florida action to foreclose on a reverse mortgage for failure to pay property taxes and insurance. Counterclaims include UDAP and FDCPA claims against the servicer. Lynn Drysdale of Jacksonville Legal Aid drafted the pleadings.
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.
This is a Florida 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.
This is a proposed order of dismissal of a lender foreclosure action on a HECM reverse mortgage relating to non-payment of property charges, where the applied for, and was granted, an “AT RISK” extension of the foreclosure deadlines. The order sets out that the effect of the AT RISK extension is that the lender will not proceed on the foreclosure for one year and the extension continues thereafter so long as, prior to the expiration of the one-year extension, the homeowner certifies that she continues to meet the criteria for the extension.
This is a 2021 state court complaint alleging that, in a rent-a-bank situation, the credit agreements with an out-of-state bank did not comply with Wisconsin's non-interest rate regulation of consumer credit. Although not stated in the complaint, the bank could not rely on Riegle-Neal preemption as to Wisconsin non-interest rate regulation because TAB Bank had no branches in Wisconsin. As a result, it had to comply with Wisconsin non-interest rate regulation and not that of its home state regulation. The case was removed to federal court and the federal case resulted
This is an answer and affirmative defenses in an foreclosure on a reverse mortgage after the death of one spouse, where the remaining spouse demands proof that the plaintiff is the holder of the reverse mortgage, and alleging that the HECM mortgage was consummated without the required HECM counseling, that the foreclosure was initiated with improper loss mitigation or servicing, and that the plaintiff had unclean hands and initiated foreclosure without complying with a condition precedent.
This is an action in Pennsylvania state court seeking the court clerk to put a residential foreclosure case into deferred status due to the homeowner’s status as an “At Risk” mortgagor under HECM regulations.
This is a 2018 New Jersey state court summary judgment motion seeking to dismiss a judicial foreclosure action concerning a reverse mortgage because HUD had granted an at risk foreclosure extension. The motion was filed by Legal Services of New Jersey.
IT IS ORDERED that Appellant’s Opposed Emergency Motion for Injunction Pending Appeal of the borrower-defense and closed-school provisions of a “Rule” governing student loan discharges, 87 Fed. Reg. 65904 (Nov. 1, 2022), is GRANTED.
These are jury instructions in a 2015 federal case in the Southern District of Florida concerning violations of the federal CROA statute, the Florida credit services organization act, and where the consumer also sought to pierce a corporate veil.
Maine Attorney Thomas Cox representing the homeowner in a foreclosure case sent discovery to Deutsche Bank National Trust Co, as trustees for a trust holding the consumer's mortgage. The response from the trustee's attorney objected to much of the discovery.
This is borrower’s memo opposing summary judgment as to the borrower’s Substitute Answer with Special Defenses, filed March 28, 2022, in Connecticut Superior Court to a judicial foreclosure action involving a zombie second mortgage. The borrower raises defenses of laches, abandonment, breach of contract, and TILA (periodic statements). Pleadings prepared by David Lavery of Connecticut Fair Housing Center. Connecticut Superior Court.
This is borrower’s Substitute Answer with Special Defenses filed January 12, 2022, in Connecticut Superior Court to a judicial foreclosure action involving a zombie second mortgage. The borrower raises defenses of laches, abandonment, breach of contract, and TILA (periodic statements). Pleadings prepared by David Lavery of Connecticut Fair Housing Center.
This is a decision denying the creditor’s summary judgment motion to strike the borrower’s Substitute Answer with Special Defenses, filed Sept. 22, 2022, by the Connecticut Superior Court in a judicial foreclosure action involving a zombie second mortgage. The borrower raises defenses of laches, abandonment, breach of contract, and TILA (periodic statements). Homeowner was represented by David Lavery of Connecticut Fair Housing Center.
This session will discuss legal claims and strategies for dealing with long-dormant second mortgages that are suddenly back from the dead. We will discuss bringing claims in bankruptcy court and focus on FDCPA and UDAAP claims both in and out of bankruptcy court.
This is a Dec. 2, 2020, brief opposing the creditor’s motion to strike the homeowner’s answer, special defenses and counterclaims to a judicial foreclosure of a zombie second mortgage filed in Connecticut Superior Court. This is foreclosure of zombie second after twelve years of inaction, defenses focus on state law claims of abandonment and laches. Borrower brings counterclaim of quiet title. Prepared by Christopher G. Brown, Esq.
This is an Oct. 21, 2020, answer, special defenses and counterclaims to a judicial foreclosure of a zombie second mortgage filed in Connecticut Superior Court. This is foreclosure of zombie second after twelve years of inaction, defenses focus on state law claims of abandonment and laches. Borrower brings counterclaim of quiet title. Prepared by Christopher G. Brown, Esq.
This action is brought by Plaintiff for actual damages, statutory damages, and civil penalties against the Defendant Central Credit Services, LLC (“Defendant”), for violation of the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 et seq. (“FDCPA”) and the North Carolina Collection Agency Act, N.C.Gen.Stat. §§ 58‐70‐1 et seq. (“NCCAA”), which prohibit debt collectors and collection agencies from engaging in abusive, deceptive, and unfair practices.
Expert Witness report from a case alleging that high-cost closed-end mortgage was disguised as open-end credit (a home equity line of credit, or HELOC) to take advantage of less strenuous TILA disclosure rules. Expert report analyzes the factors for detecting spurious open-end credit. (Note, this expert testimony was not allowed by the trial judge, who deemed it to be an opinion on a conclusion of law rather than a factual issue. However, the analysis applied here may be helpful for attorneys in framing this argument in your cases.)