What is clear to me is that nothing has changed except the government complicity in predatory lending practices is increasing despite the passage of Dodd Frank. A fact that keeps getting buried here is that Federal Law (Truth in Lending Act) puts the burden of determining affordability of an alleged loan product on the lender, […]

Tags: assumption of risk, CashCall, Dodd-Frank, foreclosure, lender, negotiable instrument, TRUTH
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Based on the totality of the circumstances, the Court concludes that CashCall, not Western Sky, was the true lender. CashCall, and not Western Sky, placed its money at risk. It is undisputed that CashCall deposited enough money into a reserve account to fund two days of loans, calculated on the previous month’s daily average and […]

Tags: borrower, CashCall, disclosure, foreclosure, foreclosure defense, foreclosure offense, fraud, INDIVIDUALY LIABILITY OF OFFICERS OF LENDERS, PREDOMINANT INTEREST, securitization, single transaction, step transaction, substance over form, true lender, usury
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THE FOLLOWING ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER. —————- In an article published by Morgan, Lewis & Bockius LLP, it appears that the evasive true lender argument received new life in an ancillary proceeding before a Federal District Judge in California. By holding […]

Tags: CashCall, CFPB, deception, Morgan Lewis & Bockius LLP, predominant economic interest, state law as predicate for Federal law violation, table funded loans, true lender, usury
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