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Brief of Plaintiff-Appellant, Madden v. Midland Funding, L.L.C., No. 14-2131-cv, 2014 WL 418161 (2d Cir. filed 2014)

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?

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Motion for Summary Judgment, People v. FDIC, No. 4:20-cv-05860 (N.D. Cal. May 20, 2021)

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.

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Charge Letter, Md. Comm’r of Fin’l Reg. v. Fortiva Financial, et al., Case No. CFR-FY2017-003 (Jan. 21, 2021)

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Notice and Motion for Summary Judgment, People, et al. v. OCC, et al., No. 4:20-cv-05200-JSW (N.D. Cal. filed Dec. 10, 2020)

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).

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Opposition Brief—Motion to Dismiss, UDAP, ECOA (Nutter & Co. v. Singleton)

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.

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Prepayment Taxes Repayment Plan—Answer and Special Defenses (Reverse Mortg. Solutions v. Kulzyck)

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.

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Defendant's First Request for Production of Documents (CIT Bank v. Delander)

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.

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Defendant's Request for Production of Documents (CIT Bank v. Coleman)

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.

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Defendant's Answer and Affirmative Defenses (CIT Bank v. Delander)

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.

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Defendant's Answer and Affirmative Defenses and Second Amended Counterclaims (UDAP, ECOA) (Nutter & Co. v. Singleton)

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.

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Sample Notice of Error, Repayment Plan Agreement Breach

This is a sample notice of error and request for information (pursuant to RESPA regulations).  The homeowner with a reverse mortgage agreed to an installment payment agreement to catch up on back-due property taxes but the lender rejected the homeowner’s payments.  The notice also requests a waiver to allow a new repayment plan and requests information about the mortgage and repayment plan.

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Notice of Error, Botched Deed-in-Lieu

This is a sample notice of error and request for information (pursuant to RESPA regulations).  The homeowner with a reverse mortgage executed a deed-in-lieu of foreclosure but the lender is still foreclosing on the home. The homeowner also requests information regarding the deed-in-lieu, appraisals, communications, and other items.

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Notice of Error, Dispute Repayment Plan Denial

This is a sample notice of error and request for information (pursuant to RESPA regulations).  The notice alleges that the reverse mortgage lender improperly denied the homeowner a repayment plan. It miscalculated surplus income and wrongly claimed that HUD only allows a repayment plan payment amount between 25% and 55% of surplus income.

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Notice of Error, Stop Paying Taxes Early

This is a sample notice of error and request for information (pursuant to RESPA regulations).  The notice alleges that the reverse mortgage lender improperly told the homeowner she violated her repayment plan based on her even though they were not delinquent or in violation of the plan.   The homeowner also requests information regarding repayment agreements, documents from the prior servicer, payment history, communications, the servicing file and logs, and other information.

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Notice of Error, Wrongful Foreclosure

This is a sample notice of error and request for information (pursuant to RESPA regulations).  The notice alleges that the reverse mortgage lender is foreclosing on the house even though it agreed to a repayment plan to pay back property charges and has accepted repayment plan payments.  The lender also keeps paying property taxes before they are delinquent. The homeowner also requests information regarding repayment agreements, documents from the prior servicer, payment history, communications, the servicing file and logs, and other information.

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Sample Notice of Error, Agreement with Tax Collector

This is a sample notice of error and request for information (pursuant to RESPA regulations).  The notice alleges that the reverse mortgage lender improperly cancelled the homeowner’s repayment plan even though she was current on her monthly payments and had reached an agreement with the city to pay her current real estate taxes in installments.

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Sample Notice of Error, At-Risk Renewal –Power of Attorney Issues

This is a sample notice of error and request for information (pursuant to RESPA regulations).  The notice alleges that the reverse mortgage lender is requiring the homeowner to be conserved in order to renew her At-Risk Extension and avoid foreclosure and in refusing to recognize her durable power-of attorney.  The homeowner also requests information regarding the At-Risk Extension, her power of attorney, communications between the lender and the homeowner, and other information.

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Sample Notice of Error, Deed-in-Lieu

This is a sample notice of error and request for information (pursuant to RESPA regulations).  The notice alleges that the reverse mortgage lender is foreclosing on the house even though the homeowner executed a deed-in-lieu of foreclosure. The homeowner also requests information regarding the deed-in-lieu, communications between the lender and the homeowner, and other information.

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Sample Notice of Error, Reasonable Accommodation Request

This is a sample notice of error and request for information drafted on behalf of a homeowner (pursuant to RESPA regulations).  The notice asks the reverse mortgage lender to reinstate a payment plan as an accommodation for the homeowner’s disability because the homeowner with a hearing impairment heard the wrong payment amount.  The notice also asks for various information about the loan, the repayment agreement, payments made by the lender for the homeowner, and communication and servicing logs.

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HUD, Instructions for Drafting Fair Housing Complaint

This is a HUD form to initiate a housing discrimination complaint.  It can be used where discrimination is based on disability.