Banking Misconduct Blog



Tribe, Payday Lender Can’t Dodge RICO Claim

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A Vermont federal court judge refused to toss a RICO claim filed against the Chippewa Cree payday lender, Plain Green LLC. The court also refused to enforce a loan provision that prevented borrowers from filing lawsuits or making class action claims. The payday lender unsuccessfully argued that...

Delay in Foreclosure May Not Be Defense to Deficiency

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Arguments over delays in the time it takes to foreclose can have a huge impact on any resulting deficiency judgment. It often takes a bank years and years to complete a foreclosure. Sometimes foreclosures are filed, dismissed and then refiled years later. In most instances, the property owner loses...

N.C. Supreme Court Guts Lender Liability Claims

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Banks have deep pockets and a tremendous amount of leverage. If you want to modify the terms of a loan, banks require borrowers to execute a loan modification agreement. Those agreements almost always contain language that says the borrowers waive all defenses they have against the bank. Is that...