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Civil Procedure Keyed to Yeazell
In re Ameriquest Mortgage Co. Mortgage Lending Practices Litigation
Citation:
2007 U.S. Dist. LEXIS 70805 (2007)Only StudyBuddy Pro offers the complete Case Brief Anatomy*
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- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Plaintiff consummated a mortgage transaction with Defendants. Shortly before the close of the transaction, an appraisal was made for her home amounting to $163,000. Plaintiff, however, alleged that the value at the time of the appraisal was actually $ 130,000-135,000, and that Plaintiff‘s value was “substantially and artificially inflated” to increase the loan amount for which Plaintiff could qualify and thereby increase Defendants‘ potential profit. Plaintiff was unable to have her mortgage refinanced. A case was filed for violation of the Truth In Lending Act (TILA), Michigan Mortgage Brokers, Lenders and Services Lending Act and a civil conspiracy claim with the District Court for the Northern District of Illinois. Defendants claim lack of jurisdiction between the violations for the TILA and Michigan Mortgage Brokers, Lenders and Services Lending Act claims.
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