Ivanoff v. Bank of America, N.A.

Successive suits by mortgage borrower based on breach of contract and the Truth in Lending Act are not barred by the merger-and-bar aspect of res judicata, since the primary right sued upon is different—TILA protects a right of disclosure of key loan terms, whereas contract law protects the parties’ agreement.  In a first suit, the…

Raceway Ford Cases

When a dealer spot delivers a car but later recalls the buyer to rewrite the deal, the dealer may charge interest from the date of the spot delivery and may backdate the new contract to the delivery date without violating California’s Automobile Sales Finance Act so long as the rewritten contract discloses an APR accurately…

US Bank, N.A. v. Naifeh

When a home loan borrower defends a lender’s suit, based on a demand for rescission under the Truth in Lending Act, the lender’s lien is not automatically invalidated; instead, the court must decide whether correct TILA disclosures were given and whether the borrower should be required to tender back the borrowed sums before the lien…