This June 16, 2025 memorandum of law opposing a motion to compel arbitration was filed in a federal court case in the District of New Jersey. The case involves a home equity investment (HEI) mortgage, in which homeowners receive a lump sum in exchange for a share of their home's future value, typically upon sale or refinance. Unlike traditional loans, HEIs do not involve monthly payments or interest charges. The investor's return is tied to the appreciation of the home's value.
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.
This is a Dec. 2, 2020, brief opposing the creditor’s motion to strike the homeowner’s answer, special defenses and counterclaims to a judicial foreclosure of a zombie second mortgage filed in Connecticut Superior Court. This is foreclosure of zombie second after twelve years of inaction, defenses focus on state law claims of abandonment and laches. Borrower brings counterclaim of quiet title. Prepared by Christopher G. Brown, Esq.
This is an Oct. 21, 2020, answer, special defenses and counterclaims to a judicial foreclosure of a zombie second mortgage filed in Connecticut Superior Court. This is foreclosure of zombie second after twelve years of inaction, defenses focus on state law claims of abandonment and laches. Borrower brings counterclaim of quiet title. Prepared by Christopher G. Brown, Esq.