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Legal Resources |
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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.
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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.
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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.
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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.
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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.
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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.
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Bankruptcy
Chapter 7,
Chapter 13, Chapter 11, Bankruptcy Courts, Bankruptcy
Filings, Bankruptcy Terms
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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:
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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]
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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).
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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)."
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Sample Legal Documents
Sample Complaint
Sample Motion for Foreclosure For Sale
Sample Motion to Reopen
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