Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
G034588
|
McElroy v. Chase Manhattan Mortgage Corp.
Lender was not required to process tendered payment in form of 'Bonded Bill of Exchange Order' because bill was worthless on its face. |
Banking |
|
Feb. 8, 2006 | |
04-16334
|
American Bankers Assoc. v. Gould
Federal credit reporting act preempts at least portion of state privacy law's affiliate-sharing provisions. |
Banking |
|
Sep. 27, 2005 | |
03-55852
|
Virachack v. University Ford
Cash rebate is not part of cost of credit and need not be disclosed under Truth In Lending Act. |
Banking |
|
Aug. 30, 2005 | |
03-55575
|
Jones v. E*Trade Mortgage Corp.
District court erred in dismissing homeowner's complaint for failure to state cause of action under Truth In Lending Act. |
Banking |
|
Aug. 23, 2005 | |
G033169
|
Wolski v. Fremont Investment & Loan
Yield spread premium is not part of points and fees paid by borrower at close of escrow under predatory lending law. |
Banking |
|
Aug. 3, 2005 | |
B164022
|
TME Enterprises Inc. v. Norwest Corp.
Bank can accept incoming wire transfer with beneficiary that does not match name on account as long as it is unaware of discrepancy. |
Banking |
|
Jun. 17, 2005 | |
G033169
|
Wolski v. Fremont Investment & Loan
Yield spread premium is not included in 'points and fees' of residential mortgage loan. |
Banking |
|
Apr. 12, 2005 | |
03-35041
|
Easter v. American West Financial
Under Washington law, brokers who arrange table-funded loans need not be licensed. |
Banking |
|
Jan. 18, 2005 | |
B169885
|
DBJJJ Inc. v. National City Bank
When bank fails to timely examine documents, it is precluded from arguing documentary presentation is inadequate. |
Banking |
|
Jan. 10, 2005 | |
02-56357
|
McCarthy v. Federal Deposit Insurance Corp.
Debtor challenging loan practices of bank that went into receivership must exhaust administrative remedies before filing lawsuit. |
Banking |
|
Jun. 30, 2004 | |
A100172
|
Olson v. Six Rivers National Bank
Bank did not violate Consumer Credit Reporting Agencies Act by requesting credit information pertaining to husband in connection with loan made to wife. |
Banking |
|
Oct. 15, 2003 | |
A097959
|
Lee v. Yang
Jilted fiancee who had joint interest in checking account could withdraw funds without restriction. |
Banking |
|
Oct. 15, 2003 | |
D040165
|
Fischer v. First International Bank
When loan agreement doesn't state loans will be cross-collateralized, enforcement of "dragnet" clause presents triable issue; order granting new trial is void. |
Banking |
|
Oct. 1, 2003 | |
D040390
|
Byars v. SCME Mortgage Bankers Inc.
Lender was authorized to pay rebate to mortgage broker on loan with limited origination fees. |
Banking |
|
Aug. 11, 2003 | |
00-71547
|
De La Fuente v. FDIC
Board must reconsider permanent removal of bank director who arranged self-interested loans. |
Banking |
|
Aug. 3, 2003 | |
A096725
|
Hirsch v. Bank of America
Plaintiffs' unjust enrichment claim based on excessive bank fees charged to title companies and passed onto plaintiffs survives demurrer. |
Banking |
|
Jun. 25, 2003 | |
01-36076
|
Bjustrom v. Trust One Mortgage Corp.
Lender's payment of yield spread premiums and service release premiums to mortgage broker doesn't violate law or breach loan agreement. |
Banking |
|
Apr. 1, 2003 | |
E029823
|
Gibson v. World Savings and Loan Association
Plaintiffs' state claims are not pre-empted by federal regulations of Home Owners' Loan Act. |
Banking |
|
Feb. 4, 2003 | |
00-17338
|
Miguel v. Country Funding Corp. (Dubin)
Subject matter jurisdiction does not exist where homeowner failed to notify bank of cancellation within three-year period. |
Banking |
|
Jan. 15, 2003 | |
00-16355
|
The Bank of America v. City and County of San Francisco
City ordinances prohibiting banks from charging ATM fees to nondepositors are pre-empted by federal banking laws. |
Banking |
|
Nov. 5, 2002 | |
A095229
|
Espresso Roma Corp. v. Bank of America
Complaint against bank for payment of forged checks is properly dismissed where bank established prima facie case that it exercised ordinary care. |
Banking |
|
Oct. 8, 2002 | |
G029283
|
Park Terrace Limited v. Teasdale
Summary judgment is proper in actions against lender based on exemption for loans arranged by licensed real estate broker. |
Banking |
|
Oct. 2, 2002 | |
B155266
|
Cochran Investment Co. Inc. v. Bank of America
Delayed discovery of bank's liability for taking negotiated instrument from fiduciary will not be barred by statute of limitations. |
Banking |
|
Sep. 24, 2002 | |
01-0004
|
Universal Marketing and Entertainment Inc. v. Bank One of Arizona
Creditor did not commit conversion by garnishing account that contained unsegragated funds. |
Banking |
|
Sep. 23, 2002 | |
00-15635
|
Flowers v. First Hawaiian Bank
Bank's compliance with unlawful Article 32 subpoena without obtaining certificate of compliance from Army isn't exempt from Right to Financial Privacy Act. |
Banking |
|
Sep. 17, 2002 | |
00-36014
|
Gold Country Lenders v. Smith (In re Smith)
Borrower must establish detrimental reliance to receive actual damages resulting from creditor's violation of Truth In Lending Act. |
Banking |
|
Aug. 8, 2002 | |
G028243
|
The Money Store Investment Corp. v. Southern California Bank
Triable issue of fact exists concerning bank's dispersal of loan proceeds contrary to escrow instructions. |
Banking |
|
Aug. 7, 2002 | |
01-0021
|
Trustmark Insurance Co. v. Bank One, Arizona, NA
When 'Letter of Instructions' imposes conditions other than time of payment, it is not 'payment order' under UCC. |
Banking |
|
Jun. 18, 2002 | |
01-50083
|
U.S. v. Boren
Federal statute criminalizes false statements in connection with any bank application or commitment, not just those relating to loans. |
Banking |
|
Mar. 26, 2002 | |
01-3002
|
U.S. v. Schild
Sentencing for bank fraud conviction may be enhanced according to 'intended' rather than actual loss. |
Banking |
|
Dec. 13, 2001 |