Federal Deception Law: TEXAS
Tex. Hum. Res. Code Ann. §§ 36.001 to 36.117 (West) (Medicaid Fraud Prevention Act). See also Tex. Hum. Res. Code Ann. § 32.039 (West).
Tex. Hum. Res. Code Ann. §§ 36.001 to 36.117 (West) (Medicaid Fraud Prevention Act). See also Tex. Hum. Res. Code Ann. § 32.039 (West).
Vt. Stat. Ann. tit. 32, §§ 630 to 642 (False Claims Act)
Va. Code Ann. §§ 8.01-216.1 to 8.01-216.9 (Fraud Against Taxpayers Act)
Claims covered by the statute: Include knowingly false statements regarding a claim for payment presented to the commonwealth or commonwealth’s grantee or contractor, conspiracy to commit such a violation, failure to return public property or money, knowing purchase of public property from officer or employee of commonwealth who lawfully may not sell the property, and knowing concealment or avoidance of an obligation to pay or transmit property to the commonwealth. § 8.01-216.3(A).
Wash. Rev. Code §§ 74.66.005 to 74.66.130 (Medicaid Fraud False Claims Act)
The following are sample jury instructions for demonstration purposes only. They must be adapted by a competent professional to meet the circumstances of a given case and the requirements of local rules and practice. Attorneys should cite case law or other authority from their jurisdictions where possible to support the points made in these instructions. The court cases cited are only representative; they are not exhaustive. These samples are based on actual instructions used in TILA cases by several consumer attorneys.1
(Purposes of TILA)
The Truth in Lending Act is a federal law passed to provide consumers with important information about the terms of loans so they can better understand the costs of borrowing. The Act provides additional protections for consumers who are borrowing money against their homes (principal dwelling). The requirements of the Truth in Lending Act can be technical but Congress intended that this law be strictly enforced to protect homeowners from the loss of their homes.
(TILA Disclosure Requirements)
Defendant is a “creditor” within the meaning of the Truth in Lending Act and the Plaintiff is a “consumer” in the eyes of the law.
First, this law requires that the creditor make certain “cost of credit” disclosures to the consumer before consummation of the transaction, in other words, before the consumer becomes obligated under the contract.
(Definition of “Finance Charge”)
(HOEPA’s Purposes and Protections)
The Home Ownership and Equity Protection Act is a federal law passed by Congress that creates extra protections for homeowners whose loans are high cost. This law is often called HOEPA and is a part of the Truth in Lending Act.
The pleadings reprinted in this appendix can also be found online in Microsoft Word format as companion material to this treatise. The companion material online also contains a number of additional pleadings that are not reprinted here. All pleadings in the text and online are for demonstration purposes only and must be adapted by a competent professional to fit the circumstances of a given case and the requirements of local rules and practice.
IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF GEORGIA
[Consumers 1–22],
Plaintiffs,
v.
Harbour Portfolio VI, LP; Harbour Portfolio VII, LP;
National Asset Advisors, LLC; CWAM II, LLC;
Investment Trading & Development; The Brady Impact Trust, C/O;
Wilmington Savings Fund Society FSB; JCT Capital, LLC;
Hamilton Green Crest Fund I, LP; Bawld Guy;
Note Investment Group I, LLC; Rocktop Partners I, LP;
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
[Consumers 1–3], on behalf of themselves and all
others similarly situated,
Plaintiffs,
v.
Vision Property Management, LLC; VPM Holdings, LLC;
FTE Networks, Inc.; US Home Rentals, LLC;
Kaja Holdings LLC; Kaja Holdings 2, LLC;
MI Seven, LLC; IN Seven, LLC; RVFM 4 Series, LLC;
ACM Vision V, LLC; DSV SPV 1, LLC; DSV SPV 2, LLC;
DSV SPV 3, LLC; Boom Sc; Alan Investments III, LLC
These are sample forms and must be adapted to fit the facts of a particular case and local procedural rules. Note that the Federal Rules of Civil Procedure limit the number of interrogatories to twenty-five, including subparts. This limitation may be avoided only by leave of the court with written stipulation of the parties. The reader should be aware of this limit in cases of federal litigation and in litigation in state courts that similarly limit discovery.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF GEORGIA
[Consumers],
Plaintiffs,
v.
Harbour Portfolio VI, LP, et al.,
Defendants.
Case No. _______________
PLAINTIFFS’ FIRST REQUEST FOR PRODUCTION TO DEFENDANT HARBOUR PORTFOLIO VII, LP
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF GEORGIA
[Consumers],
Plaintiffs,
v.
Harbour Portfolio VI, LP, et al.,
Defendants.
Case No. _______________
PLAINTIFFS’ FIRST INTERROGATORIES TO DEFENDANT HARBOUR PORTFOLIO VII, LP
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF GEORGIA
[Consumers],
Plaintiffs,
v.
Harbour Portfolio VI, LP, et al.,
Defendants.
Case No. _______________
PLAINTIFFS’ NOTICE OF DEPOSITION OF DEFENDANT HARBOUR PORTFOLIO VII, LP
TO: David Stein
Bricker & Eckler LLP
100 South Third Street
Columbus, OH 43215
[75 Fed. Reg. 80,335 (Dec. 22, 2010)]
[53 Fed. Reg. 19,433 (May 27, 1988), as amended at 53 Fed. Reg. 31,293 (Aug. 18, 1988); Reg. CC, 55 Fed. Reg. 21,855 (May 30, 1990); 55 Fed. Reg. 50,818 (Dec. 11, 1990); 56 Fed. Reg. 7802 (Feb. 26, 1991); 57 Fed. Reg. 3280 (Jan. 29, 1992); 60 Fed. Reg. 51,671 (Oct. 3, 1995); 62 Fed. Reg. 13,811 (Mar. 24, 1997); 62 Fed. Reg. 48,752 (Sept. 17, 1997); 69 Fed. Reg. 47,315, 47,316 (Aug. 4, 2004)]
* * *
Wyo. Stat. Ann. §§ 34-4-101 to 34-4-113 (power of sale), 1-18-101 to 1-18-115 (judicial sale)
Most Common Method of Foreclosure: Power of sale.
Preforeclosure Notice:
Number of Notices: Two; notice of intent to foreclose and notice of sale.
[53 Fed. Reg. 31,293 (Aug. 18, 1988); 53 Fed. Reg. 44,325 (Nov. 2, 1988); 54 Fed. Reg. 13,851 (Apr. 6, 1989); 54 Fed. Reg. 32,047 (Aug. 4, 1989); 55 Fed. Reg. 21,856 (May 30, 1990); 55 Fed. Reg. 50,818 (Dec. 11, 1990); 56 Fed. Reg. 7802 (Feb. 26, 1991); 57 Fed. Reg. 3280 (Jan. 29, 1992); 57 Fed. Reg. 36,598, 36,601 (Aug. 14, 1992); 57 Fed. Reg. 46,973–46,975 (Oct. 14, 1992); 57 Fed. Reg. 52,719 (Nov. 5, 1992); 60 Fed. Reg. 51,672 (Oct. 3, 1995); 62 Fed. Reg. 13,816–13,818 (Mar. 24, 1997); 64 Fed. Reg. 59,613 (Nov. 3, 1999); 68 Fed. Reg. 52,078 (Sept. 2, 2003); 68 Fed. Reg. 53,672 (Sept.
Ala. Code §§ 35-10-1 to 35-10-30, §§ 6-5-247 to 6-5-257
Most Common Method of Foreclosure: Non-judicial; Power of sale in mortgage.
Preforeclosure Notice:
Number of Notices: One; notice of sale. §§ 35-10-8, 35-10-13.
Amount of Notice Required: Thirty days prior to sale.
Content of Notice: Time, place, terms of sale, and property description.
Alaska Stat. §§ 34.20.070 to 34.20.135
Most Common Method of Foreclosure: Non-judicial; Power of sale in deed of trust.
Preforeclosure Notice:
Number of Notices: One; notice of default and sale.
Amount of Notice Required: Notice is to be served not less than thirty days after default and not less than ninety days before sale.
Ariz. Rev. Stat. Ann. §§ 33-741 to 33-750, 33-801 to 33-821
Most Common Method of Foreclosure: Non-judicial; power of sale in deed of trust. (Judicial foreclosure for some existing mortgages, which were common prior to 1971.)
Foreclosure by Power of Sale Permitted?: On deeds of trust only. § 33-807.
Ark. Code Ann. §§ 18-49-101 to 18-49-106, §§ 18-50-101 to 18-50-117
Most Common Method of Foreclosure: Non-judicial; power of sale in mortgage (except for agricultural land).
Judicial Foreclosure Procedure: See §§ 18-49-101 to 18-49-106.
Preforeclosure Notice:
Number of Notices: One; notice of default and intention to sell; must be recorded.
Cal. Civ. Code §§ 2920 to 2924l (West); Cal. Civ. Proc. Code §§ 580a to 580d (West)
Most Common Method of Foreclosure: Non-judicial; power of sale in deed of trust.
Judicial Foreclosure Procedure: See Cal. Civ. Proc. Code §§ 725a to 730.5 (West). Generally judicial foreclosure used only if there are problems requiring court resolution or if likelihood for recovery of deficiency judgment.
Preforeclosure Notice: