The Second Circuit Court of Appeals ruled in the case of Madden v. Midland Funding, LLC that state usury law apply to assignees of debt and that preemption rules of the National Banking Act do not apply. I agree with Neil Garfield that this case could have far reaching implications, particularly if it is cited by other Circuit Courts of Appeal.
Tags » United States District Court
BREAKING : Man Pulls Knife Outside of Boston Federal Court where Marathon Bomber is Being Sentenced to Death
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This is a decision with extremely far reaching consequences. 843 more words
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THIS IS NOT A LEGAL OPINION ON ANY ONE PARTICULAR CASE. 1,368 more words
Another Neil Garfield blog post on rescission in which he claims that there is nothing contingent about a TILA rescission and that once the notice is mailed the burden is then on the bank to file a lawsuit within 20 days contesting the notice of rescission.
Comment: Wells has continually defrauded homeowners with the collection of modified payments only to breach those mods and summarily foreclose on the homeowner. These defaulted notes are paid off, and servicers are acquiring these properties IN THEIR OWN NAME, to be sold off and the proceeds go into their coffers. 420 more words
Wells Fargo is accused of profiting from a foreclosure relief program in a class action lawsuit filed on behalf of thousands of homeowners in New York.
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NOTE: My new administrative assistant is Susan Rose. Danielle and Geordan no longer work for livinglies or my law practice. 1,393 more words
A United States District Judge in the Northern District of California in case of Burke v.JPMorgan Chase Bank, N.A. rules that if a big bank such as WAMU had sold the loan before it then sold the loan to a trust or anyone else, then the entire chain is void. Another win for a California homeowner is always good news to me.