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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