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Table of Contents

List of Forms by Chapter

Chapter 1 — Introduction

Chapter 2 — The Illinois Mortgage Foreclosure Law

Chapter 3 — Predatory Lending and Servicing Practices

Chapter 4 — Legal Remedies for Mortgage Abuses

I. [4.1] Truth in Lending and Home Ownership and Equity Protection Acts

[4.2] Applicability

[4.3] Purpose

[4.4] Rescission Rights

[4.5] Home Ownership and Equity Protection Act

[4.6] Disclosure Requirements

[4.7] Substantive Requirements

[4.8] Remedies

[4.9] Higher-Priced Mortgage Loans

[4.10] Additional Provisions Relating to Home Mortgages Added in 2008 – 2011

[4.11] October 1, 2009, Regulation Z Amendment

[4.12] Regulation N — Mortgage Advertising

[4.13] Notice of Transfer

[4.14] Common Truth in Lending Act Violations

[4.15] Truth in Lending Act Remedies

[4.16] Truth in Lending Act Limitations

II. [4.17] Real Estate Settlement Procedures Act and U.S. Department of Housing and Urban Development Regulation X

[4.18] Good-Faith Estimate

[4.19] Escrow Limitations

[4.20] Cranston-Gonzales National Affordable Housing Act

[4.21] Kickbacks, Yield Spread Premiums, and Bogus Charges

III. [4.22] Fair Debt Collection Practices Act

[4.23] What Is a “Debt Collector”?

[4.24] Debt Buyers

[4.25] Collection Lawyers

[4.26] Foreclosure Lawyers

[4.27] Creditors

[4.28] Furnishers of Deceptive Forms

[4.29] Enforcers of Security Interests

[4.30] What Is a “Debt”?

[4.31] Personal, Family, or Household Purposes

[4.32] Transaction

Typical Fair Debt Collection Practices Act Violations Related to Mortgages

[4.33] Prohibited Third-Party Contacts and Contacts with Represented Consumers — 15 U.S.C. §1692c

[4.34] False, Deceptive, or Misleading Communications — 15 U.S.C. §1692e

[4.35] Unfair Practices — 15 U.S.C. §1692f

[4.36] Validation Notice — 15 U.S.C. §1692g

[4.37] Civil Remedies — 15 U.S.C. §1692k

IV. [4.38] Collection Agency Act

V. [4.39] Equal Credit Opportunity Act and Federal Reserve Board Regulation B

VI. [4.40] Fair Housing Act and 42 U.S.C. §§1981 and 1982

VII. [4.41] Fair Credit Reporting Act

VIII. [4.42] Consumer Fraud and Deceptive Business Practices Act

[4.43] Deception

[4.44] Unfairness

[4.45] Elimination of Common-Law Fraud Restrictions

[4.46] Mortgage Practices Challenged Under Consumer Fraud and Deceptive Business Practices Act

IX. [4.47] Residential Improvement Loan Act

X. [4.48] Residential Mortgage License Act and Regulations

XI. [4.49] Illinois High Risk Home Loan Act

[4.50] Applicability

[4.51] Substantive Provisions

[4.52] Prior Regulations

XII. Interest Act

[4.53] Provisions

[4.54] Federal Preemption

XIII. [4.55] Consumer Installment Loan Act and 38 Ill.Admin. Code pt. 110

XIV. [4.56] Illinois Fairness in Lending Act

XV. [4.57] County and City Ordinances

XVI. [4.58] Fiduciary Liability of Mortgage Broker

XVII. [4.59] Equitable Defenses in Mortgage Foreclosures

XVIII. [4.60] Unconscionability

XIX. [4.61] Federal Preemption

Chapter 5 — Liability of Assignees and Holders

Chapter 6 — Sample Forms

Authors

Daniel A. Edelman
Daniel A. Edelman
Daniel A. Edelman is a Member of Edelman, Combs, Latturner & Goodwin, LLC, in Chicago, where his practice primarily involves litigation on behalf of consumers, including individual and class actions. Mr. Edelman has argued over 100 appeals and is the author or coauthor of numerous books and publications on class actions and consumer protection law. He is a member of the Illinois State Bar Association and of the Northern District of Illinois Trial Bar. Mr. Edelman earned his B.A. with honors from the University of Illinois, Chicago, and his J.D. from the University of Chicago Law School.

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Predatory Mortgage Lending And Servicing 2019 Edition

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