Mortgage loan 506

Premises liability is another area of San-Diego-Personal-Injury-attorney.com

Boschma v Home Loan Center, Inc.   198 Cal.App.4th 230 (4/3) (2011) Boschma alleged mortgage loan documents violated Truth in Lending Act 15 USC 1601 by failing adequately to disclose “Option ARM” negative amortization, sued for fraud and B&PC § 17200. San-Diego-Auto-Accident-lawyer Demurrer sustained, reversed.  [1] Following numerous federal district court cases, Boschma may be able to show failure of “clear and conspicuous TILA disclosures,” and can state a claim, even if disclosures may have been technically accurate.  [2] Fraud claim stated where material facts concealed by inaccurate representations or half-truths.  [3] Fraud allegations sufficient to state 17200 claim, unlawful and unfair prongs.  Actual damages might be shown if Boschma was unable to avoid negative amortization.  Concurring opinion, must show more than merely having negative amortization–each dollar principal increased is a dollar Boschma saved.  San Diego personal injury attorney

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