Legal Opinion

Webster v. Centex Home Equity Corp. (In Re Webster)

United States Bankruptcy Court, W.D. Oklahoma

Decided August 7, 2003No. 19-10336PublishedCited by 14 opinions

1Opinion of the Court

ORDER REGARDING ADVERSARY COMPLAINT

NILES L. JACKSON, Bankruptcy Judge.

INTRODUCTION

The players in this residential refinancing loan case are the borrower, the lender, a mortgage broker, and the loan closer. Interwoven among them are allegations of Truth in Lending Act violations.

The following evidence presented at trial questions whether the statutory requirements were violated:

1. The loan closer mistakenly inserted incorrect-as well as correct-loan disclosure documents into the borrower’s loan packet. Can the “bona fide error” exception ride to the rescue?

2. The borrower acknowledged in…

2Cases cited9 opinions

  1. Ronnie E. Brown and Edith M. Brown v. Marquette Savings and Loan AssociationCourt of Appeals for the Seventh Circuit · 1982
  2. Mirabal v. General Motors Acceptance Corp.Court of Appeals for the Seventh Circuit · 1976
  3. Sharon Rachbach, and Cross-Appellant v. John M. Cogswell and Saul N. Davidson, and the Public Trustee of the County of Arapahoe, State of ColoradoCourt of Appeals for the Tenth Circuit · 1977
  4. Inez Gallegos v. Mel Stokes, D/B/A Big "A" Auto Parts and Hopper Motor CompanyCourt of Appeals for the Tenth Circuit · 1979
  5. Ralls v. Bank of New York (In Re Ralls)United States Bankruptcy Court, E.D. Pennsylvania · 1999

4 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Bentley v. Greensky Trade Credit, LLCDistrict Court, D. Connecticut · 2015
  2. Holli L. Telford v. Hon. David C. NyeIdaho Supreme Court · 2013
  3. Wells Fargo Bank, N.A. v. JaaskelainenDistrict Court, D. Massachusetts · 2009
  4. Escher v. Decision One Mortgage Co. (In Re Escher)United States Bankruptcy Court, E.D. Pennsylvania · 2007
  5. Stanley v. Household Finance Corp. III (In Re Stanley)United States Bankruptcy Court, D. Kansas · 2004

9 more not listed; retrieve them via the Exa API.

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