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Mortgage Lending: 5.11.2 Remedies for Violation of Duty of Good Faith

As the duty of good faith is an implied contract term, most jurisdictions allow a contract claim for violation of this duty.509 Tort liability may require a showing of some special relationship, beyond that of lender and customer, such as special circumstances giving rise to a fiduciary or quasi-fiduciary relationship or other indicia of a heightened duty.510

Mortgage Lending: 3.1 The Client Interview

The client interview is extremely important. It defines the scope of the lawyer’s representation, forms the basis of the legal claims, and reveals the client’s goals. Even though mortgage litigation is complex and often involves many different laws, practitioners must avoid becoming so ensnared in the complexities of the law that they fail to focus on the facts. The borrower’s story will feature prominently in a winning case. And the success of the case will be at risk if the client’s lawyer cannot present a compelling story.

Mortgage Lending: 5.5 Home Improvement Credit

About half the states have enacted home improvement statutes, requiring licensing or registration of home improvement contractors and, to some extent, regulating their conduct.165 Many of these statutes mandate that the contractor be bonded or obtain insurance, or create a compensation fund.

Mortgage Lending: 3.3.1 Introduction

In analyzing a mortgage loan transaction it is helpful to look at where the money goes, to determine what portion of the loan proceeds benefits the borrower, what portion benefits the lender, and what portion goes to third parties. For this analysis it is absolutely necessary to have some document that itemizes the components of the note principal or amount financed.

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Complaint re Mortgage Loan Flipping

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Complaint re Bank's Participation in Home Improvement Fraud

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Class Complaint re Mortgage Refinancing

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Responses to Defendant's Discovery re Bank's Participation in Home Improvement Fraud

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Answer, Counterclaim, and Third Party Complaint re Foreclosure Defense

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Homeowner’s Motion for Contempt for Failure to Cancel Deed of Trust in Automatic TILA Rescission Case

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Supporting Memorandum Supporting Contempt Motion in Automatic TILA Rescission Case

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HUD RESPA FAQ

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HUD Responses to RESPA Questions: Real Estate Agent and Other Settlement Services

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RESPA in Plain English

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Second Amended Complaint, Wisconsin v. Vision Prop. Mgmt., L.L.C.

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Complaint, Pennsylvania v. Harbour Portfolio Capital, L.L.C.

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Complaint, Fair Hous. Ctr. of Cent. Ind. v. Welton

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Sample Answer and Counterclaims in Land Contract Eviction

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Sample Answer and Counterclaims to Judicial Foreclosure in Equity

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Sample Answer and Counterclaims Involving Lease Option

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Sample Motion to Transfer in Land Contract Eviction