Case Name: Barkley v. United Homes, Inc. Court: U.S. Dist. Ct. ED N.Y. Docket: 04-cv-875-(RJD)(KAM) Read Decisions: Denying MSJ Bayview (PDF), Post Trial Motion (PDF), Attorneys Fee Motion (PDF), 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 AARP's Amicus Brief (PDF) Case Issue: Did a mortgagee fail to fulfill state statutory requirements to notify a homeowner of an opportunity for a face to face meeting, rendering a foreclosure judgment void, where the mortgagee used uniform notice provided by Pennsylvania Housing Finance Agency. |
Case Name: Bennett v. Donovan Court: U.S. Dist. Ct. D.C. Case Issue: Did HUD act illegally when it issued regulations that contradicted the federal reverse mortgage statute, which protects spouses of borrowers from foreclosure and eviction until both spouses die or sell the property? |
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: 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 AARP's Amicus Brief (PDF) Case Issue: Are the statutory notice provisions designed to protect condominium owners mandatory? |
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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