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« Class Action alleges AURORA photo-shops "Assignments" to win in Bankruptcy Court | Main | HAMP lawsuit against Bank of America allowed in new Massachusetts case »

Bank of America 131g TILA violation survives, opens door for victims of assignment fraud

Firm commentary:  in the last 3 months, the Firm has filed 4 class action law suits based on the folling theory:  A recorded assignment constitutes a transfer of a mortgage loan to a new creditor, when such a transfer occurs, the new creditor is obligated to provide a statutory TILA Transfer Notice within 30 days...loan servicers have systemically failed to provide these notices despite filing tens of thousands of assignments prior to foreclosure.

Now an Alabama federal court has affirmed the validity of this cause of action, here:

https://docs.google.com/a/jarlegal.com/viewer?a=v&pid=gmail&attid=0.1&thid=134a1356e41ff6f4&mt=application/pdf&url=https://mail.google.com/mail/?ui%3D2%26ik%3D3334e094c5%26view%3Datt%26th%3D134a1356e41ff6f4%26attid%3D0.1%26disp%3Dsafe%26zw&sig=AHIEtbS8v3WdOXA50qo7wz94zBmghATm8g

 

This case provides the proper framework for California courts to analyze this cause of action and validates the need for a trial to determine the merits of these cases....even where no actual damages have been suffered.

 

Contact the firm for information about how this decision will affect your case.

 

 

 

 

 

 

 

https://docs.google.com/a/jarlegal.com/viewer?a=v&pid=gmail&attid=0.1&thid=134a1356e41ff6f4&mt=application/pdf&url=https://mail.google.com/mail/?ui%3D2%26ik%3D3334e094c5%26view%3Datt%26th%3D134a1356e41ff6f4%26attid%3D0.1%26disp%3Dsafe%26zw&sig=AHIEtbS8v3WdOXA50qo7wz94zBmghATm8g

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