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AARP Foundation Legal Advocacy

Docket: Housing

    

Case Name: Barkley v. Olympia Mortgage

Court: U.S. Ct. App. 2d Cir.  Docket: 12:2909; 12:2912; 12:3619; 12:3621

Read Summary and Opposition to their brief on appeal (PDF)

Case Issue: Was there sufficient evidence to sustain the jury verdict and damages awards for fraud, conspiracy to commit fraud and violation of the NY General Business Law, and did the court abuse its discretion in its award of attorneys' fees to plaintiffs?

Case Name: Barkley v. United Homes

Court: U.S. Dist. Ct. ED N.Y.    Docket: 04-cv-875-(RJD)(KAM)

Read Summary and Decisions: Denying MSJ Bayview (PDF), Post Trial Motion (PDF),  Attorneys Fee Motion (PDF), Decision on Motion to Dismiss (PDF)

Case Issue: Did a real estate developer conspire with lenders, appraisers, and attorneys to target first time, minority home purchasers in the sale of homes that were cosmetically repaired and "flipped" at values far in excess of their real value?

Case Name: Beneficial Consumer Discount v. Vukman

Court: Pa. Supreme Ct.  Docket: 29 WAP 2012

Read Summary AARP's Amicus Brief (PDF)

Case Result: Notice to delinquent homeowner was defective because it failed to inform her of right to a face-to-face meeting with the lender prior to initiation of a foreclosure proceeding; but the defect is not jurisdictional so the court has jurisdiction over foreclosure.

Case Name: Bennett v. Donovan

Court: U.S. Dist. Ct. D.C.

Press Release

Read Motion for Summary Judgment (PDF) and Memo in Further Support of MSJ (PDF)

Case Result: HUD withdrew its appeal of decision holding that HUD rule which fails to protect surviving spouses of reverse mortgage borrower was in violation of HECM statute.

Case Name: Bennett v. Donovan

Court: U.S. Ct. App. D.C. Cir.

Read Summary AARP's Brief (PDF) and Opinion

Case Result: Plaintiffs' claim was redressable; case remanded to district court for determination on the merits.

Case Name: Bennett v. Donovan

Court: U.S. Dist. Ct. D.C. 

Read Summary  

Case Result: After case filed, HUD revoked reverse mortgage policies preventing surviving spouse/heirs from purchasing property by paying the lesser of the loan balance or 95% of fair market value; court failed to decide if statute prevents foreclosure of property occupied by surviving spouse.

Case Name: Bennett v. HUD

Court: U.S. Dist. Ct. D.C.  Docket: 1:14-CV-326(ESH)

Case Issue: Is HUD's determination on remand that surviving spouses of reverse mortgage borrowers are entitled to no relief arbitrary, capricious, and an abuse of discretion or otherwise illegal?

Case Name: Bilaal v. Abell

Court: D.C. Superior Ct.

Read Summary

Case Issue: Did defendants conspire to deceive older D.C. homeowners into transferring title to their homes under the guise of loaning them money to stop the foreclosure?

Case Name: Carter v. Huntington Title & Escrow

Court: Md. Ct. App.    Docket: 413

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Class action challenging title company's failure to give homeowners benefit of lower "reissue" rate for title insurance on refinanced mortgages was dismissed as complaint must first be brought before the Maryland insurance commission.

Case Name: Chandler v. Wells Fargo Bank

Court: U.S. Dist. Ct. ND Cal.

Read Summary

Case Issue: Did lender violate HUD regulations and its reverse mortgage contracts with borrowers by not providing borrowers and their estates notice of and the opportunity to sell the property for 95% of its appraised value after the loan becomes due?

Case Name: Diamond v. Superior Ct. State of Cal., County of Santa Clara

Court: Ct. App. State of Cal., 6th App. Dist.    Docket: H038734

Read Summary AARP's Amicus Brief (PDF)

Case Result: A homeowner association must strictly comply with statutory notice requirements prior to initiating a judicial foreclosure based on a homeowner assessment lien.

Case Name: Dobson v. Wells Fargo Bank Minnesota

Court: NC Supreme Court    Docket: 260A11

Read Summary and AARP's Amicus Brief (PDF)

Case Result: The court rejected homeowner's appeal from the mortgage servicer's non-judicial foreclosure brought without strictly complying with state laws mandating production of the original note and compliance with the rules of evidence regarding any affidavits in support of the foreclosure.

Case Name: Equal Rights Center v. Post Properties, Inc.

Court: U.S. Ct. App. D.C. Cir.    Docket: 09-5359

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Court affirmed summary judgment dismissing fair housing testing organization claim based on lack of standing, but held that the court had applied too stringent a standard when it dismissed.

Case Name: Fair Hous. Res. Ctr., Inc. v. DJMS 4 Reasons Ltd.

Court: U.S. Ct. App. 6th Cir.    Docket: 10-3365

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Landlord's repeated statements to a prospective blind renter who used a guide dog that there would be no exceptions to the "no pets policy" and that his dog was a "pet" was not a facially discriminatory statement in violation of the Fair Housing Act.

Case Name: First American Financial v. Edwards

Court: U.S. Supreme Court     Docket: 10-708

Read Summary and AARP's Amicus Brief (PDF)

Case Result: The Court determined that cert had been improvidently granted so the lower court decision upholding claims for the class of consumer borrowers stands.

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Legal Cases

Find the most recent cases in which AFL has advocated in courts nationwide for the rights of older persons, and filed AARP’s amicus curiae (“friend of the court”) briefs that help courts decide precedent-setting cases.

Strengthening Law and Policy through
Legal Advocacy

Our legal advocacy initiatives  - conducted by AARP Foundation Litigation (AFL) - reflect more than 15 years of work in federal and state courts across the country. Through our efforts, we support the Foundation’s four priority areas: Hunger, Income, Housing and Isolation, and ensure that those 50 and older have a voice in the laws and policies that affect their daily lives.