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Holbert v. Fremont Inv. & Loan, No. C058026

By FindLaw Staff on December 01, 2009 | Last updated on March 21, 2019

In plaintiff's suit against a financial lender, dismissal of the complaint is affirmed where: 1) defendant was not required to comply with the Home Ownership and Equity Protection Act of 1994 (HOEPA), which applies when the finance charges imposed on a loan exceed a certain threshold; 2) two charges imposed on plaintiff, one to pay off a preexisting debt to another lender and another to satisfy a prepayment penalty on a prior home loan, were not finance charges within the meaning of HOEPA; 3) plaintiff has not established a claim against defendant for unfair business practices; and 4) while plaintiff may have a viable claim against her loan broker for financial elder abuse based on various misrepresentations made during the loan process, she failed to link that claim to defendant, who is as much a victim of the broker's misrepresentations as plaintiff. 

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Appellate Information

Filed November 30, 2009


Opinion by Judge Hull

For Appellant:   Goodman & Associates, Karen M. Goodman and Summer D. Haro

For Appellee:  The Ryan Firm, Timothy M. Ryan and Barry G. Coleman

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