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TABLE OF CONTENTS

 

Volume Ia and Ib – Application of the federal Truth in Lending Act as Implemented by Regulation Z

 

Ch. 1    History of Truth in Lending Act

Ch. 2    Finance Charges Defined

Ch. 3    Collecting, Analyzing, and Auditing the Loan Documents with Checklist

Ch. 4    Truth in Lending Act & Substantive Rights to Rescind or Cancel the Transaction

Ch. 5    Assignee Liability

Ch. 6    Selecting, Defending, and Responding to Creditor Litigation

Ch. 7    Foreclosure: Judicial versus Non-Judicial and Its Defenses

Ch. 8    Federal Rules of Civil Procedure Concepts and Application

 

Volume IIa and IIb – Applicable Journal Review of Case Law Precedence to Truth in Lending Act Litigation

 

§ 1       Defining a "finance charge" under § 106(a) of the Truth in Lending Act [15 U.S.C.A. § 1605(a)] or applicable regulations

§ 2       Violating the requirements of Truth In Lending Act (15 U.S.C.A. §§ 1601 et seq.) concerning disclosure of information in credit transactions—civil cases

§ 3       Violations of § 106(e) of Truth in Lending Act [15 U.S.C.A. § 1605(e)] relating to exemption of certain costs or fees from computation of finance charge in extensions of credit secured by interest in real property

§ 4       A violation of requirements of § 106(b), (c) of Truth in Lending Act [15 U.S.C.A. § 1605(b), (c)] concerning inclusion of premiums for life, accident, or health insurance, or for property damage or liability insurance, in determination of finance charge

§ 5       Defining a "creditor" within the scope of § 103(f) of Truth in Lending Act [15 U.S.C.A. § 1602(f)]

§ 6       Application of item sufficiently "itemized and disclosed" in accordance with § 106(d) of the Consumer Credit Protection Act [15 U.S.C.A. § 1605(d)] and applicable regulations so that it need not be included in finance charge calculation

§ 7       Consumer civil remedies for violations of a credit transaction provision, Truth in Lending Act (15 U.S.C.A. § 1601 et seq.), as amended by Truth in Lending Simplification and Reform Act of 1982

§ 8       Consumer civil remedies for violations of Truth in Lending Act (15 U.S.C.A. § 1601-1644, 1661-1665)

§ 9       The parties obligations upon rescission of credit transaction involving real estate under § 125(b) of Truth in Lending Act [15 U.S.C.A. § 1635(b)]

§ 10     Time limit under 15 U.S.C.A. § 1640(e) on Truth in Lending Act suits

§ 11     Claims barred by limitation period as subject of setoff, counterclaim, recoupment, cross bill, or cross action

§ 12     Defining a creditor’s violation which “was not intentional and resulted from a bona fide error notwithstanding maintenance of procedures reasonably adapted to avoid ant such error” within the meaning of § 130(C) of Truth in Lending Act [15 U.S.C.A. § 1640(C)]

§ 13     The survivability of an action brought under Truth in Lending Act (15 U.S.C.A. §§ 1601 et seq.)

§ 14     Determination of claim for underlying debt as compulsory or permissive in action asserting creditor's civil liability under § 130(a) of Truth in Lending Act [15 U.S.C.A. § 1640(a)] for violation of Act

§ 15     Attorney Fee awards under § 130(a) of Truth In Lending Act [15 U.S.C.A. § 1640(a)]

§ 16     Discovery of bank examination reports and use of bank examiner privilege or bank examination privilege in federal civil litigation proceedings

§ 17     Application of Truth in Lending Act (15 U.S.C.A. § 1601 et seq.) to loans void under state laws

§ 18     Duty of every state court to follow decisions of federal courts, other than the Supreme Court, on federal questions

§ 19     Proving the facts for violation of the Truth-In-Lending Act and Regulation Z

§ 20     How lenders defend against their liability in litigation

§ 21   Proving a mortgage broker was negligent, breached contractual obligations, or engaged in fraud or misrepresentation, in providing professional services to a borrower or lender

 

Volume IIIa and IIIb – A Comprehensive Guide to Litigation

Ch. I                Federal versus State Law (Erie Doctrine)

Ch. II               Personal Jurisdiction

Ch. III             Service of Process

Ch. IV             Defaults

Ch. V               Constructing All Formal Pleadings

Ch. VI             Defending Against Opposition Attacks

Ch. VII            Declaratory Relief

Ch. VIII          Discovery:  Pretrial, Disclosure Rules, General, Procedures, Remedy & Sanction

Ch. IX             Motion Practice

Ch. X               Summary Judgment

Ch. XI             Pretrial & Settlement

Ch. XII            Other Motions

Ch. XIII          TRO & Injunctions

 

Volume IV – Appendix