Changes to TILA/RESPA Regulations
Here is a guide for the new TILA-RESPA Integrated Disclosure rule implementation. This will not affect pending foreclosures but may impact how defenses under the Federal regulations are applied in the future.
Entries by Scott Lanin
Summary of Summary Judgment
One of the most common, if not the most common motion in litigation is the Motion for Summary Judgment. But what is summary judgment? Here is an excerpt from one of my briefs:
Knowledge of the Facts
I recently opposed a motion for summary judgment on the grounds that opposing party’s attorney lacked any knowledge of facts and thus the party failed to meet their burden of proof. Here is an excerpt from my brief:
Promissory Estoppel Against a Valid Contract?
Even though a binding and valid contract may have the duties and expectations written out in black and white, courts are willing to allow a party to assert a claim for promissory estoppel. Check out the excerpt below for a summary of the concept of promissory estoppel and how it may apply to a contract […]
Fixing NY Foreclosure Laws
New York Foreclosure Laws Must Be Fixed: Regulator
Flag on the Play…Interference
If you are currently feeling the withdrawals from the NFL off-season, don’t fret. Interference is more than just the most frustrating call in football It can also be a claim in court. The standard for Tortious Interference is excerpted below from one of my briefs.
The Elements of Fraud and Misrepresentation in Contracts
What does the plaintiff have to plead to state a claim for fraud or misrepresentation? The basic elements of a claim for fraud are a representation of fact, the falsity of that representation, knowledge by the party who made it that it was false, justifiable reliance by the Plaintiff and resulting injury. Centro Empresarial Cempresa […]
Aiding and Abetting A Breach Of Fiduciary Duty
In continuing my review of breach of fiduciary duty claims, (If you haven’t read my previous post click here), there may also be a possible claim for aiding and abetting a breach of fiduciary duty against each of the participants. Below is a brief excerpt explaining how one might aid and abet a breach of […]
Two Judges Who Get It About Banks
A Missouri judge ordered Wells Fargo to pay over $3 million for abusing a borrower, and a federal judge in New York said there was evidence the bank had forged documents.
US Supreme Court Says You Have 3 Years To Rescind By Sending Notice Under TILA
Jesinoski v. Countrywide Home Loans, Inc. Holding: A borrower exercising his right to rescind under the Truth in Lending Act need only provide written notice to his lender within the three-year period; the statute does not require him to file suit within that period. Judgment: Reversed and remanded, 9-0, in an opinion by Justice Scalia […]