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Hutchins v. Mountain Run Solutions, L.L.C., 2021 WL 5356774 (E.D. Pa. Nov. 17, 2021).
Bostic v. Michael Andrews & Assocs., L.L.C., 2021 WL 4889591 (E.D. Mich. Oct. 19, 2021).
Pearson-Koger v. M.L. Zager, P.C., 2021 WL 3771816 (N.D.N.Y. Aug. 24, 2021).
Olds v. Applied Bus. Services, Inc., 2021 WL 2364448 (M.D. Ala. June 9, 2021).
Arizona Driver License Manual
This form (which may not be the most recent form for the state) is used to request a detailed title history from the state’s registry of motor vehicles. Refer to Automobile Fraud Appx. E for more information on obtaining title history information from a particular state, including a link to the state’s website for the most up-to-date information, prices, and required forms. See also Automobile Fraud § 2.4 for a discussion of detailed title histories.
Colorado Motor Vehicle Request and Receipt
This form (which may not be the most recent form for the state) is used to request a detailed title history from the state’s registry of motor vehicles. Refer to Automobile Fraud Appx. E for more information on obtaining title history information from a particular state, including a link to the state’s website for the most up-to-date information, prices, and required forms. See also Automobile Fraud § 2.4 for a discussion of detailed title histories.
Opportunity Financial, L.L.C. v. Hewlett, No. 22STCV08163 (Cal. Super. Ct. Sept. 30, 2022)
The California Superior Court denies a high-cost installment loan creditor's (Opportunity Financial) attempt to dismiss a cross-complaint brought by the state alleging that the creditor was not the true lender in a rent-a-bank scheme with Finwise. The case is notable for a discussion of other cases dealing with whether a bank in a rent-a-bank scheme is the true lender.
New Jersey State Class Action Complaint Concerning Land Contracts (Vision Property Management)
This is a 2019 first amended complaint in a class action involving land contracts, filed against Vision Property Management in New Jersey state court. It argues that the contract is an illegal combination of a lease and a rent-to-own sale of real estate, in which the lease is illegal and the rent-to-own transaction is illegal, deceptive, fraudulent, predatory, and unconscionable. The single document into which they are combined is confusing and internally inconsistent.
Michigan Federal Court Complaint Concerning Predatory Home Sale (Detroit Property Exchange)
This is the first amended complaint in a federal action in Michigan alleging misrepresentation of the terms of residential home sales and financing agreements, failure to disclose hidden credit charges, and conducting business in an unfair and deceptive manner. The complaint alleges deceptive promises of homeownership that lured unsuspecting home buyers into predatory and abusive loans that were designed to fail.
State of New York Federal Court Complaint Concerning Land Sale Contracts (Vision Property Management)
This is a 2019 federal action claiming violation of the federal Consumer Protection Act and New York law, brought by the New York attorney general and the New York supervisor of financial services.
Commonwealth of Pennsylvania State Court Complaint Concerning Land Sale Contracts (Vision Property Management)
This is a state court action claiming violation of the state UDAP statute, brought by the Pennsylvania attorney general. The complaint alleges unlawful and deceptive practices in connection with the sale and financing of severely distressed and dilapidated homes to consumers, utilizing agreements that purport to grant defendants all the rights and benefits of being both a lender and a landlord, while leaving their economically distressed and vulnerable customers without the legal protections of being either borrowers or tenants.
1980 Peat, Marwick, Mitchell & Co. Report for HUD on Real Estate Closing Costs
This is a 1980 report that HUD commissioned to advise Congress concerning RESPA. The report seeks to determine how well the settlement process is working and specifically how individual settlement service markets are performing to provide required services at a reasonable cost. It also seeks to evaluate the effectiveness of RESPA in achieving its objectives: better informing the consumer; increasing the incidence of shopping; and ultimately lowering settlement costs when they are excessive.
Motion to Deem Consumer’s Admission Requests Admitted (Fannie Mae)
This is a consumer’s motion directed to a mortgage servicer asking the court to deem the consumer’s requests for admission admitted. A separate Pleading and Discovery file is a reply to the servicer’s objection, and a proposed order. These documents address frivolous objections commonly raised by corporate defendants including: the document speaks for itself, the facts are public record and may be easily verified by the requestor, and the request seeks admission of a legal theory rather than a fact. Although filed in state court (Maine) it applies the Fed. R. Civ. P.
Reply to Servicer’s Objection and Order as to Consumer’s Request to Deem Consumer's Admission Requests Admitted (Fannie Mae)
This is a reply to the servicer’s objection to the consumer’s request to deem the consumer’s admission requests admitted, and also a proposed order. Another Pleading and Discovery file is the consumer’s motion directed to a mortgage servicer asking the court to deem the consumer’s requests for admission admitted.
NHTSA Interpretation Letter to Aprea
This 2022 NHTSA interpretation letter reiterates the interpretation found in a 2021 letter dealing with devices advertised and sold over the internet (largely of foreign manufacture) that attach to the instrument panel and either prevent the odometer from increasing or slow the accumulation of miles. Both letters indicate that it is illegal not only to use such devices but to market or sell them, because they have no purpose other than to violate the Act. NHTSA hopes United States Customs and Border Protection will seek to prevent the importation of these devices.
CFPB Policy Statement on Abusive Acts or Practices (Apr. 3, 2023)
Since the enactment of the CFPA, government enforcers and supervisory agencies have taken dozens of actions to condemn prohibited abusive conduct. The CFPB is issuing this Policy Statement to summarize those actions and explain how the CFPB analyzes the elements of abusiveness through relevant examples, with the goal of providing an analytical framework to fellow government enforcers and to the market for how to identify violative acts or practices.
Using Successor in Interest to Save the Family Home
This is a 2021 National Housing Resource Center (NHRC) webinar titled "Protecting Inter-Generational Wealth: Keeping the Family Homestead" concerning issues faced by a home's successors in interest (those who receive an interest in a home after a homeowner's death or divorce) but who are not on the mortgage. This raises issues dealing with mortgage servicers, obtaining loan modifications, and making mortgage payments. The webinar was presented by Sarah Mancini at NCLC and by Lisa Sitkin of the National Housing Law Project.