Plaintiff Margaret J. Coleman is a 68-year-old woman who lives with her 15-year-old granddaughter, a 19-year-old woman with special needs, and 22-year-old who was formerly her foster child in a single family home she has owned for nearly 40 years. That is, she has lived there for an awfully long time but a lender allegedly […]

In a Truth-in-Lending Act (TILA) case covered previously on this blog, the lender lost on a TILA rescission claim before the 8th Circuit (which had reversed the District Court (D. Minn.)). Pursuant to the Eighth Circuit’s mandate, late last week, the lender/plaintiff, Rand, was ordered to pay defendants attorney’s fees (Amber Hawkins, John Tancabel) in the amount […]

An earlier post highlighted U.S. District Court Judge Patrick J. Schiltz’s pragmatic approach to judging. In another example of what might be called “active judging,” Judge Schiltz issued an order today in a garden-variety Truth-in-Lending rescission case giving the parties clear direction on several varied but specific legal issues that the Court deemed important to […]

Defendant/Homeowners obtained a loan to redeem after the foreclosure sale of their home, getting a $245,000 loan from Plaintiff Rand with an interest rate starting at 13.99% and, after one year, going up to 14.99%. Defendants fell behind on the new loan, were foreclosed, and failed to redeem. Prior to eviction, Defendants sought to rescind, […]