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· 11/5/1998

Newton v. United Companies Financial Corp.

Citations

  • 24 F. Supp. 2d 444
  • 1998 U.S. Dist. LEXIS 17324
  • 1998 WL 770623

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • evaluating HOEPA repayment ability requirement based on lender's practice to all customers in a given period
  • “the lender must notify the borrower of the making of a counteroffer, not just the ultimate approval or denial of that counteroffer”
  • damages may be awarded both for the “failure to honor a valid rescission demand” and for the “creditor’s failure to rescind voluntarily”
  • damages may be awarded both for the \failure to honor a valid rescission demand\ and for the \creditor's failure to rescind voluntarily\
  • court found that the borrowers or their representatives did not fill out a written application but instead made an initial request and then the lender filled out a written application
  • successful ECOA claim asserted only against the original creditors in loan transactions

Source: CourtListener parenthetical corpus (CC0).

Judges: Katz

Read full opinion on CourtListener

Sourced 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.