Monday, July 18, 2005

Home Ownership and Equity Protection Act - 15 USC 1639- ED Pa. case

DISCLOSURE REQUIREMENTS — Home Ownership and Equity Protection Act — 15 U.S.C. 1639 — high cost mortgage — TITLE INSURANCE — 10 percent premium increase — not unreasonable — requirement of ownership transfer — Chapter 13 — plenary standard of review — refusal to disallow secured claim affirmed

In re Strong, No. 04-CV-4699 (June 20, 2005) — Requirement that debtor pay 10 percent more for title insurance does not render premium so high as to render it includable in title insurance premium for purposes of points and fees calculation per Home Ownership and Equity Protection Act disclosure requirements, 15 U.S.C. 1639.

Donald Marritz,
MidPenn Legal Services