Foreclosure rescue scams in Virginia create mortgages under equitable principles
United States Court of Appeals, Fourth Circuit , No. 08-1421
Issue: Mortgage Lending
Brief, filed May 27, 2008
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CRL's briefs on behalf of the appellants in Johnson v. Washington. CRL represents Virginia homeowners who signed a deed purporting to sell their house to an investor in a foreclosure rescue scam when they went to a mortgage broker to refinance their defaulted loan in this appeal to the U.S. Court of Appeals for the 4th Circuit. The district court held the mortgage rescue transaction neither created an equitable mortgage, in which case the federal Truth in Lending Act and state mortgage broker laws would apply, nor constituted fraud.