Home » Personal Bankruptcy Topics » Predatory Lending

Sherzer v. Homestar Mortgage Services

  • Summarized by Manuel Arreaza , Consumer Financial Protection Bureau
  • 11 years 11 months ago
Citation:
Sherzer v. Homestar Mortgage Services, No. 11-4254 (3d Cir. Feb. 5, 2013)
Ruling:
In precedential decision, the Third Circuit held that an obligor may exercise her right to rescind a loan subject to TILA by notifying the creditor in writing within the three-year statutory...
Judge(s):
Sloviter, Rendell and Hardiman, Circuit Judges
Tag(s):

Bond Safeguard Insurance Co. v. Wells Fargo Bank, N.A.

Citation:
Case No. 11-15478 (11th Cir. December 21, 2012)
Ruling:
Bond holder sureties ("Sureties") of property developers ("Debtors") lacked standing to bring certain claims against Wells Fargo Bank and Key Bank ("Lenders") because their claims are general in...
Judge(s):
Marcus, Pryor, Friedman (District Judge for the District of Columbia, sitting by designation)
Tag(s):

Coyer v. HSBC Mortgage Services, Inc.

  • Summarized by James Bailey , Butler Snow LLP
  • 12 years 1 month ago
Citation:
12a0396p.06
Ruling:
Sixth Circuit, in a per curiam opinion in a non-bankruptcy case, affirmed dismissal of borrowers' complaint alleging (1) breach of fiduciary duty; (2) negligence/negligence per se; (3) common law...
Judge(s):
Merritt, Martin and Gilman
Tag(s):

Zemeckis v. Global Credit & Collection Corp.

Citation:
Zemeckis v. Global Credit & Collection Corp.
Ruling:
In a fact-driven inquiry, the Seventh Circuit held that threats of legal action and collection puffery on the front of a dunning letter (a bill collection communication) could not "overshadow"...
Judge(s):
Seventh Circuit Judges Flaum, Williams, and Tinder.
Tag(s):

Clark v. Shapiro and Pickett, LLP

  • Summarized by Weston Eguchi , Willkie Farr & Gallagher LLP
  • 13 years 2 days ago
Citation:
No. 10-15119 (Jan. 11, 2012) [Do Not Publish]
Ruling:
Affirming district court's grant of summary judgment in favor of Defendants on borrower-Plaintiff's multi-count complaint against her mortgage lender and their attorneys for violations of the Fair...
Judge(s):
Barkett, Marcus & Anderson
Tag(s):

Sutter v. U.S. National Bank (In re Sutter)

Citation:
Case No. 09-11816 (6th Cir., Jan. 3, 2012)
Ruling:
In affirming the district courts’ rulings in favor of debtors Daniel and Sheryl Sutter (the "Debtors"), the Sixth Circuit held that (i) an equitable mortgage does not exist on the Debtors...
Judge(s):
Cole, Batchelder, Siler, Circuit Judges.
Tag(s):

Sampson v. Washington Mutual Bank

  • Summarized by Victoria Kothari , Latham, Shuker, Eden & Beaudine, LLP
  • 13 years 3 months ago
Citation:
Sampson v. Washington Mutual Bank, No.11-11400 (11th Cir. October 5, 2011)
Ruling:
The Eleventh Circuit affirmed district court's dismissal of Sampson's complaint. In its analysis, the Eleventh Circuit found that the district court had erred in granting dismissal under FRCP...
Judge(s):
Edmondson, Carnes & Kravitch
Tag(s):

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