· 7/5/2011
Hayrioglu v. GRANITE CAPITAL FUNDING, LLC
Citations
- 794 F. Supp. 2d 405
- 2011 U.S. Dist. LEXIS 71570
- 2011 WL 2623461
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that Countrywide Home Loans, FSB was not a credit-repair organization under CROA
- rejecting a nearly identical DPA claim because plaintiffs did not link the deceptive practices to any tendency on the lender’s part to “actively and broadly solicit[ ] consumers”
- rejecting a fraud claim in part because a borrower who claimed to speak no English “was affirmatively obli gated to ask for assistance in understanding” the documents he signed
- rejecting an identical argument because the plaintiff “knew or should have known that his monthly income was substantially less than” the loan amounts stated in his closing documents, regardless of his alleged inability to read English
- in an action seeking rescission of a mortgage, the mortgagee must remain in the action as a “necessary party” even after all the claims against it have been dismissed
- “[T]he fact that the plaintiff sought and received a loan he could not afford does not mean that he can now proceed on a Section 349 claim against the party that made his mistake possible.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Spatt
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.