Tag Archives: Borrower

Negotiated Rulemaking and the Borrower Defense Regulation

A proposed rule that the U.S. Department of Education issued last week marks just the next chapter of an ongoing saga to create workable rules keeping colleges accountable for the employment promises they made to students. It also reveals another … Continue reading

Posted in Administrative law | Tagged , , , , | Leave a comment

Illinois Supreme Court Sides with Borrower in Foreclosure Case

A foreclosure case between a bank mortgagee and borrower made its way to the Illinois Supreme Court earlier this year. In Bank of New York Mellon v. Pacific Realty Group, LLC, the courts had been trying to solve two points of contention: … Continue reading

Posted in Banking and Finance law | Tagged , , , , , , | Leave a comment

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

Posted in Real Estate & Property Law | Tagged , , , , , , , , | Leave a comment

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

Posted in Banking and Finance law | Tagged , , , , , | Leave a comment

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

Posted in Bankruptcy Law | Tagged , , , , , , , , , , , , , | Leave a comment