Tag Archives: Borrower

Borrower Not Entitled To Attorneys’ Fees Under PA Act 6 Based Solely On Affirmative Defense

The Pennsylvania Supreme Court held that a Philadelphia homeowner was not entitled to attorneys’ fees under a PA consumer protection law because filing affirmative defenses doesn’t qualify as filing an “action” under the law. In Bayview Loan Servicing LLC v. Rodger Lindsay, … Continue reading

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Lenders Representation That Borrower “Qualified” For Loan Not A Representation Borrower Could

Question: Is a lenders representation to a borrower that the borrower can "qualify" for a mortgage loan a representation that the borrower can also "afford" the loan? Answer: No, according to the First District Court of Appeal in Perlas v. … Continue reading

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Wife of Borrower Authorized to Receive Truth in Lending Act Notices, Eighth Circuit Rules – Ofor v. Ocwen Loan Servicing

As Riverside County foreclosure defense lawyers, we were interested to read a case involving a man who attempted to rescind his mortgage under the Truth in Lending Act on the grounds that his then-wife, not he himself, received the required … Continue reading

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Borrower May Not Sue Mortgage Lender Over Claims Not Disclosed in Bankruptcy – Hamilton v. Greenwich Investors

Our Norco foreclosure defense lawyers frequently talk to clients who are considering bankruptcy as well as a lawsuit to stave off a foreclosure. Both legal actions can stop a foreclosure at least temporarily, but they are not always right for … Continue reading

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