Pleadings and Discovery

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.

This Wisconsin small claims court complaint brought by a consumer against a party to a rent-a-bank scheme demonstrates another approach to challenge rent-a-bank schemes, even where the bank is considered the true lender.  The consumer can assert non-usury claims against the bank's partners.  The company "renting" the bank may be liable as someone who arranges or brokers the loan.  In Wisconsin the company may have to be licensed and comply with the requirements of the state credit services organization act.