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AARP Foundation Legal Advocacy

Docket: Housing and Livable Communities


Case Name: Kolbe v. BAC Home Loans Servicing

Court: U.S. Ct. App. 1st Cir.  Docket: 11-2030

Read Summary AARP's Amicus Brief (PDF)

Case Result: En banc court was evenly split on the merits, resulting in the decision of the district court to permit lenders insured through the FHA mortgage program to require greater amounts of flood insurance than is necessary to protect the outstanding mortgage balance.

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: 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: 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: 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: Mt. Holly Gardens Citizens in Action v. Twp. of Mt. Holly

Court: U.S. Ct. App. 3d Cir.

Read Summary 

Case Result: Evidence in pre-trial motions established a prima facie case of disparate impact discrimination on the basis of race and national origin under the Fair Housing Act.

Case Name: United Homes v. Barkley

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

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: Twp. of Mt. Holly v. Mt. Holly Gardens Citizens in Action

Court: U.S. Supreme Court  Docket: 11-1507

Read Summary

Case Issue: Are disparate impact claims cognizable under Fair Housing Act?

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: 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: Lodge v. United Homes

Court: U.S. Ct. App. 2d Cir.  Docket: 12-1710

Read Decision, Attorney fees v. Bayview (PDF)

Case Result: Court sanctioned several defendants because their conduct had disrupted and lengthened the litigation and caused plaintiffs to expend unnecessary time and resources. On appeal, parties settled dispute by defendants paying 90 percent of the fees and costs.

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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 nearly 20 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.