Court Cases

This page will be an evolving work as we continue to compile important and relevant court cases in our citizen’s war on the home front. I will do my best to sort these cases by topic however the cases may apply to more than one topic.

If you find a relevant case, please email it to me at lane@lanehouk.com

Here we go…

FORECLOSURE RELATED CASES

 state-street-bank-v-hartley-lord - FL case addressing the issue of standing and transfer of notes. The court found in favor of Hartley Lord, the homeowner.

wells-fargo-v-farmer-new-york-supreme-court-case-june-52008 - NY case attacking the issue of standing related to assignment of mortgage (or lack thereof).

dasma-v-realty-associates - FL case. Jump to page 8 of the case. The meat here is the issue of possession of the note, standing and re-establishing a note under F.S. 673.3091

TILA RESCISSION/VIOLATION CASES

 belini-v wamu - MA case relating to a TILA rescission and a damages claim relating to the rescission.

altamirano-v-copiague-funding-corp-tila-case - CT case. TILA Rescission.

jaaskelainen-v-wells-fargo-adversary-proceeding-in-a-rescission - FL. Very Powerful TILA case brought in an Adversary Proceeding in a Chapter 13 Bankruptcy case. The judge in this case basically lays out everything a consumer attorney needs to do to properly state their elements and have their ducks in order. Must read for TILA claims.

RESPA RELATED CASES

 mcclean-v-gmac-qwr-case - FL case. Case related to a consumer’s Qualified Written Request sent to the servicer on a loan. Consumer sued GMAC in this case for violations of RESPA, etc. Great case to read.

BANKRUPTCY CASES

FAIR DEBT COLLECTION CASES

florida-credit-research-v-felicien-credit-card-case - FL case. Fantastic case regarding a collection agency trying to sue a consumer on a purported credit card debt. Powerful case to read if you’re facing this type of situation. 

FAIR CREDIT REPORTING ACT CASES