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Watchdog agency reminds mortgage lenders what it seeks under new rules (access required)

Published: June 12, 2013

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In case mortgage lenders and financial institutions needed reminding, the Consumer Financial Protection Bureau has issued an update on what its examiners will be looking for under new mortgage rules.

TILA plaintiffs needn’t sue to preserve rescission right (access required)

Published: February 8, 2013

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Home borrowers were not required to formally file suit before the Truth in Lending Act’s three-year limitation period expired in order to preserve their right of rescission, the 3rd U.S. Circuit Court of Appeals has ruled.

Fees charged for tax refund checks violated TILA (access required)

Published: January 29, 2013

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A “handling fee” charged by a bank in connection with tax refund checks constituted an undisclosed finance charge that violated the federal Truth In Lending Act, the California Court of Appeal has ruled in affirming a $1.3 million judgment.

New federal study makes case for student loan relief (access required)

Published: August 3, 2012

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A new federal study recommends changes in consumer protection and bankruptcy law to provide relief for those Americans saddled with a share of the country’s $1 trillion in student loan debt, largely blaming private lenders for the problem.

TILA plaintiffs needn’t plead ability to repay loan (access required)

Published: August 1, 2012

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Home borrowers were not required to plead that they had the ability to repay their loan in order to invoke their rescission rights under the federal Truth in Lending Act, the 10th Circuit has ruled in reversing a dismissal.

TILA rescission claim time-barred (access required)

Published: February 10, 2012

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The Truth in Lending Act’s statute of repose extinguished a borrower’s right to rescission three years after the consummation of her loan – regardless of whether she provided notice of her rescission within that period, the 9th Circuit has ruled in affirming a dismissal.

Borrowers’ rescission rights may have been extended (access required)

Published: January 3, 2012

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Home borrowers may have been entitled to a three-year period to rescind their loan based on the lender’s failure to properly “deliver” the notice of rescission rights required under federal law, the 9th Circuit has ruled in reversing a dismissal.

‘Ability-to-pay’ proposals for Regulation Z open for comment (access required)

Published: May 17, 2011

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The Federal Reserve Board has requested public comment on proposed revisions to Regulation Z that would require lenders to determine a consumer’s ability to repay a mortgage before making a loan.

Lender not liable for ‘yield spread premium’ (access required)

By: Pat Murphy
Published: December 7, 2010

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A home lender didn’t trigger the protections of federal consumer protection law when it paid a “yield spread premium” to a mortgage broker, the Louisiana Supreme Court has ruled in reversing judgment.

Borrowers have extended right to rescind mortgage (access required)

By: Pat Murphy
Published: March 26, 2009

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Homeowners had an extended, three-year right to rescind their mortgage because their lender failed to provide clear notice of their three-day loan cancellation rights under federal law, the 8th Circuit has ruled in reversing a summary judgment.

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