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PostPosted: Mon Nov 27, 2006 7:28 am 
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Bryant v. Mortgage Capital Resource Corp.,
197 F.Supp.2d 1357, N.D.Ga., January 14, 2002 (No. 1:00-CV-0671-BBM.)

...were given notice of their potential liability. As a result, “[a]ny person who sells or otherwise assigns a [n] [HOEPA mortgage] shall include a prominent notice of potential liability 15 U.S.C. § 1641(d)(4) Even so, it is clear Congress...

...See Riggs, 32 F.Supp.2d at 416 (detailing the proper allocation of the cost of a seller's misconduct under the FTC's “Holder Ruleâ€

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PostPosted: Mon Nov 27, 2006 7:37 am 
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Pulphus v. Sullivan,
Not Reported in F.Supp.2d, 2003 WL 1964333, RICO Bus.Disp.Guide 10,490, N.D.Ill., April 28, 2003 (No. 02 C 5794.)

...W.D.La.1998) (quoting 41 Fed.Reg. 20023-24 (1976) Given the language of the statute and Congress' stated intent to hold mortgage assignees to the same standard as holders of consumer credit contracts, we hold that section 1641(d) subjects assignees to suit for the mortgage creditor's violations of state law. Plaintiffs have not, however, alleged that the Manderson loan was subject to HOEPA. Rather, their...

_________________
David Szwak
Chairman, Consumer Protection Section, Louisiana State Bar Association
Bodenheimer, Jones & Szwak
509 Market Street, 7th Floor
Mid South Tower
Shreveport, Louisiana 71101
318-221-6444
Fax 318-221-6555


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