TILA

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.)
 

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 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. 

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.

Complaint filed Dec. 3, 2021 N.D. Ga. by Rachel Scott Atlanta Legal Aid.