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In re: Cmty. Bank of N. Virginia & Guaranty Nat'l Bank of Tallahassee Second Mortgage Loan Litig., 08-3621

By FindLaw Staff on September 23, 2010 1:34 PM

In re: Cmty. Bank of N. Virginia & Guaranty Nat'l Bank of Tallahassee Second Mortgage Loan Litig., 08-3621, concerned a challenge to the district court's decisions certifying the "settlement only" nationwide class action and approving the class settlement, in a nationwide class action lawsuit alleging predatory home equity lending scheme involving two banks and a company that purchased second mortgage loans from them.

 

In vacating the judgment, the court held that the district court applied an incorrect legal standard, and thus abused its discretion, in determining that the named plaintiffs and class counsel are adequate representatives for the class.  The court instructed that on remand, in addressing the adequacy requirements, the district court should in particular consider whether a subclass of class members with timely Real Estate Settlement Procedures Act (RESPA) and/or The Truth in Lending Act (TILA)/Home Ownership and Equity Protection Act (HOEPA) claims should be created, and whether class counsel are adequate representatives for the class, and/or any subclasses that may be created, in light of counsel's justifications given for their decision not to bring TILA/HOEPA claims on behalf of the class.

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