Courts
In the fight against predatory lending, the courts are a key battleground. CRL monitors cases that could set precedent; submits legal briefs on key legal issues; and works with partners on litigation aimed at strengthening protections against abusive lending.
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- Banks must record all transfers in loan ownership before foreclosing in Minnesota
June 2, 2008CRL's pleadings and briefs on behalf of the plaintiffs in Jackson v. Mortgage Electronic Registration Systems, Inc. CRL represents a class of Minnesota homeowners facing foreclosure who allege that MERS' failure to record all transfers in the ownership of their loans before beginning the foreclosure process violates procedural requirements in the state's non-judicial foreclosure statutes concerning the recordation of mortgage assignments. This case was filed in the Minnesota state courts, removed to the U.S. District Court, and certified to the Minnesota Supreme Court.
- Foreclosure rescue scams in Virginia create mortgages under equitable principles
May 27, 2008CRL'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.
- Banks must record all transfers in loan ownership before foreclosing in Minnesota
April 14, 2008CRL's pleadings and briefs on behalf of the plaintiffs in Jackson v. Mortgage Electronic Registration Systems, Inc. CRL represents a class of Minnesota homeowners facing foreclosure who allege that MERS' failure to record all transfers in the ownership of their loans before beginning the foreclosure process violates procedural requirements in the state's non-judicial foreclosure statutes concerning the recordation of mortgage assignments. This case was filed in the Minnesota state courts, removed to the U.S. District Court, and certified to the Minnesota Supreme Court.
- Lenders cannot make loans in Washington, D.C. without considering borrowers' ability to repay
March 5, 2008CRL's complaint on behalf of the plaintiff in Howard v. Countrywide. CRL represents a homeowner in the District of Columbia who alleges he was refinanced four times in the course of three years into loans that he could not afford, including several brokered loans that provided the broker with high compensation (including yield-spread premiums) and a "no income no asset" loan from Countrywide Home Loans. The case, which alleges violations of the District's consumer protection laws and the federal Truth in Lending Act, was filed in D.C. Superior Court and removed to the U.S. District Court.
- Independent contractors of federally chartered banks must comply with state laws
February 15, 2008CRL's amicus brief in support of Ohio Commissioner of Banks Reardon in State Farm Bank, F.S.B. v. Reardon. CRL argues that Ohio's mortgage broker laws apply to the independent contractors of State Farm Bank who make loans on behalf of the bank and are not preempted by the federal Home Owners' Loan Act or regulations issued by the federal Office of Thrift Supervision in this appeal before the U.S. Court of Appeals for the 6th Circuit. The district court upheld Ohio's laws.

























