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AARP Foundation Legal Advocacy

Docket: Housing and Livable Communities

    

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 Result: A jury found for the plaintiffs and awarded the plaintiffs compensatory and punitive damages and the court later awarded attorneys' fees, totaling about $3.5 million. On appeal, the court upheld the verdict and fees, reviewing the egregious facts and noting that the verdict, punitive damages, and attorneys' fees were supported by the record and not unreasonable.  

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 Result: AFL collected attorney's fees awarded in Barkley v. Olympia from defendants, United Homes, after compelling disclosure of financial statements and assets showing that principals of United Homes had transferred the assets in order to avoid paying the judgment. 

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: Bernard v. CitiMortgage HAMP Litigation (In re)

Court: U.S. Ct. App. 9th Cir.  Docket: 13-80214

Read Summary and Amicus Brief (PDF)

Case Result: The Ninth Circuit affirmed, finding that the district court's denial of class certification was not clear error. The district court cited numerous examples of individual issues that would predominate over issues common to the class regarding whether CitiMortgage breached its Temporary Trial Period deadline and, if so, what damages were caused by the breach. Additionally, it found the Plaintiffs had failed to affirmatively allege that they met one of the prerequisities for seeking class action relief.

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: Chandler v. Wells Fargo Bank

Court: U.S. Ct. App. 9th Cir.

Read Summary

Case Issue: Did bank violate HUD regulations and its reverse mortgage contracts by not providing borrower's 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.

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Find
Legal Cases

Find 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. The cases within the drop-down categories below are in alphabetical order for ease of searching.

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 impact areas: Tackling Senior Hunger, Paving the Way to Stable Income, assuring the adequacy and availability of Safe and Afffordable Housing and Reconnecting People to Families and Communities, and ensure that those 50 and older have a voice in the laws and policies that affect their daily lives.