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Truth In Lending Lawsuits
2007 Mortgage Litigation Report

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Cases involving allegations of violations to the Truth In Lending Act and missing disclosures.

Case Title
Kerry A. and Susan E. Burke
U.S. District Court of Indiana, Hammond
Borrowers seeking class certification in suit to rescind subprime home equity loan and recover damages because TILA disclosure allegedly did not explicitly state monthly payments were required.
Susan and Bryan Andrews
U.S. District Court for the Eastern District of Wisconsin
Wisconsin federal court rules that Chevy Chase Bank violated the federal Truth in Lending Act by not providing proper disclosures over the interest rate and payment schedule for an adjustable rate mortgage loan
Christopher Kubiak (named Plaintiff)
U.S. District Court, Northern District of California
Subprime lender allegedly failed to disclose to borrowers the yield spread premiums it had paid to brokers, resulting in purportedly higher interest rates
Kubiak v. NovaStar Mortgage, Inc.
Cameron Pierce (named Plaintiff)
U.S. District Court, Western District of Washington, Seattle Division
$5.1 million settlement
Subprime lender settled class action suit based upon its alleged failure to disclose to borrowers the yield spread premiums it had paid to brokers, resulting in purportedly higher interest rates
Pierce v. NovaStar Mortgage, Inc.
Bonnie Mincey
U.S. District Court of South Carolina
Wachovia and subsidiaries sued by borrowers claiming they didn't fully understand the terms of their adjustable-rate mortgages with payment options because they were not "clearly and conspicuously disclosed"
Wachovia Corp., World Savings Bank, Golden West Financial Corp. Dolores Mandrigues U.S. District Court, California, San Jose Division . Wachovia and subsidiaries sued by borrower claiming she was led to believe the initial rate on her option adjustable-rate mortgage would be fixed for more than the first month .

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