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.
Search Mortgage Lending - Policy & Legislation - Courts
Browse Mortgage Lending - Policy & Legislation - Courts
- Borrowers can file class actions to void illegal loans
May 8, 2007CRL's amicus brief in support of the plaintiff class in Andrews v. Chevy Chase Bank, FSB. CRL argues that the Truth in Lending Act allows a borrower, who was one of thousands of borrowers who received identically deficient disclosure statements for Chevy Chase Bank payment option adjustment rate mortgages, to file a class action seeking rescission of the loans before the U.S. Court of Appeals for the 7th Circuit. The district court granted certification of the plaintiff's class.
- Andrews v. Chevy Chase, fsb (appeal)
May 8, 2007CRL's amicus brief in support of the plaintiff class in Andrews v. Chevy Chase Bank, FSB. CRL argues that the Truth in Lending Act allows a borrower, who was one of thousands of borrowers who received identically deficient disclosure statements for Chevy Chase Bank payment option adjustment rate mortgages, to file a class action seeking rescission of the loans before the U.S. Court of Appeals for the 7th Circuit. The district court granted certification of the plaintiff's class.
- Federally chartered banks can't create subsidiaries that are exempt from state laws
September 1, 2006CRL's amicus brief in support of Michigan Commissioner of Insurance and Financial Services Watters in Watters v. Wachovia Bank. CRL, along with a number of other consumer groups, argues that Michigan's mortgage broker licensing law applies to employees of a national bank's operating subsidiary notwithstanding the Office of the Comptroller of the Currency's regulation treating a national bank's operating subsidiary as the same as the national bank itself for preemption purposes before the U.S. Supreme Court. The Sixth Circuit ruled in favor of Wachovia.
- State attorneys general can punish federally chartered banks for violating state laws
April 5, 2006CRL's amicus briefs in support of the New York Attorney General in Cuomo v. The Clearing House Association, L.L.P. CRL, along with a number of consumer groups, argues that the National Bank Act's "visitorial powers" provision does not prohibit the New York Attorney General from enforcing the state's anti-discrimination law against national banks concerning their mortgage lending practices, and that the Office of the Comptroller of Currency's regulation treating this as prohibited is invalid. CRL participated in this case before the U.S. District Court, the U.S. Court of Appeals for the Second Circuit, and the U.S. Supreme Court.
- Buckeye Check Cashing, Inc. v. Cardegna
September 23, 2005CRL and other consumer groups filed a brief amici curiae in a Supreme Court case about mandatory arbitration.

























