Legal Resources

 

Predatory Lending Practices

And a Legal Remedy

This report describes the different ways that mortgage lenders can trick homeowners into giving up their homes, and a legal remedy to recover TILA violation fines and possibly void the lenders security interest in the property.

 

The History of Predatory Lending

LegalAid GA is a project of Atlanta Legal Aid Society, Georgia Legal Services Program and the Pro Bono Project of the State Bar of Georgia.

The project is funded by the Legal Services Corporation and the Georgia Access to Justice Project and produced in cooperation with Pro Bono Net, the

Carl Vinson Institute of Government and legal service organizations and government agencies throughout Georgia and the United States.

 

Current Trends in Residential

Mortgage Litigation

Borrowers Have Successfully Sued Based on Allegations of Over-escrowing, Unauthorized Charges and Brokers' Fees, Improper Private Mortgage Insurance Procedures, and Incorrectly Adjusted ARMS. The Author Analyzes Such Lending

Practices, and the Litigation They Have Spawned.

 

Discover The Power of the

Truth In Lending Act

The Truth In Lending Act is to be liberally construed in favor of consumers, with creditors who fail to comply with T.I.L.A. in any respect becoming liable to the consumer regardless of the nature

of the violation or the creditors intent.

 

Sub Prime Lenders FTC Actions

Prepared Statement of the FEDERAL TRADE COMMISSION on Efforts to combat unfair and deceptive sub prime lending. Before the SENATE SPECIAL COMMITTEE on aging.

 

Center for Responsible Lending

A Resource For Predatory Lending Opponents. Predatory lending strips billions in wealth from low-income consumers and communities in the U.S. each year. Borrowers lose an estimated $9.1 billion annually due to predatory mortgages; $3.4 billion from payday loans; and $3.5 billion in other lending abuses, such as overdraft loans, excessive credit card debt, and tax refund loans.

 

Bankruptcy

Chapter 7, Chapter 13, Chapter 11, Bankruptcy Courts, Bankruptcy Filings, Bankruptcy Terms

 

Home Equity Loans:

The Three-Day Cancellation Rule

Under the right to rescind, you have until midnight of the third business day to cancel the credit transaction. Day one begins after all three of the following occur:

 

United States Code

 

15_USC_1692g

What constitutes a legal debt validation?

Fair Debt Collection Practices Act Section 809. Validation of debts [15 USC 1692g]

 

United States Code Title 15 Truth  In Lending Act

Title 15--Commerce and Trade

Chapter 41--Consumer Credit Protection

Subchapter I--Consumer Credit Cost Disclosure

 

Regulation Z Truth in Lending Act

Subpart A General: The Right of Recession

 

The Fair Debt Collection

Practices Act

Title VIII - Debt Collection Practices Act [Fair Debt Collection Practices Act]

 

Debtors Information

 

Debtors Rights

A federal statute known as the Fair Debt Collection Practices Act (often called the "FDCPA") gives you specific legal rights to sue debt collectors who unlawfully threaten, berate, intimidate or harass you; call you during odd hours, make false representations about the the debt or their intentions, or otherwise act in ways proscribed by the act (and their are many).

 

Debt Collectors and What You Can Do To "Get Them Out Of Your Life"

FTC opinion letter on validation Section 809(a) of the FDCPA, 15 U.S.C. 1692g(a) Conclusion "Thus, we believe that there is nothing in the Act that prevents you from filing suit during this period, so long as you do not make any representations that contradict Section 809(b)."

 

Sample Legal Documents

 

Sample Complaint

 

Sample Motion for Foreclosure For Sale

 

Sample Motion to Reopen

 

 

                                                                 

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