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Mortgage Compliance Lawsuits Second Quarter 2008 Mortgage Litigation Report

Mortgage Compliance Lawsuits
Second Quarter 2008 Mortgage Litigation Report
Lawsuits and regulatory actions tied to violations of the Equal Credit Opportunity Act (ECOA), Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), Fair Housing Act, Home Mortgage Disclosure Act (HMDA), FTC Act, Home Owners Equity Protection Act (HOEPA), Real Estate Settlement Procedures Act (RESPA) and Truth In Lending Act (TILA).

Case Title
Case Number
Date Filed Link to Story
Charter One Mortgage Corp. Condra Indiana Court of Appeals na The Indiana Supreme Court concluded that lenders could charge fee for preparing its own mortgage documents. Charter One Mortgage Corp. v. Condra 865 N.E.2d 6024 June 29, 2005
Cuomo Clearing House Association, LLC, Office of the Comptroller of the Currency United States Court of Appeals for the Second Circuit. na The Second Circuit upheld federal district court decisions barring New York’s attorney general from enforcing subpoenas for mortgage loan records of national banks to investigate compliance with state fair lending statutes. Clearing House Association, LLC, Office of the Comptroller of the Currency v. Cuomo 510 F.3d 105 June 29, 2005
John P. and Tabitha N. Kelly LaSalle Bank National Association, First Franklin Financial Corp., Republic Mortgage Banc LLC, Majestic Title Agency LLC, C&N Services Inc. and others Medina County Common Pleas Court na Judge James L. Kimbler defendants leave to plead their counterclaim and third party complaint, placing LaSalle Bank’s foreclosure on hold. Defendants allege that, in violation of state laws and/or RESPA, their mortgages were improperly secured and that omissions and discrepancies in 1033 forms negatively impacted their credit and the loans. na na na


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