Cross v. Prospect Mortgage, LLL, et al.,Case No. 1:12-cv-1455
Nov 27, 2013OUTCOME: In a case of first impression for the United States District Court for Eastern District of Virginia, Plaintiff was successful on a motion for partial summary judgment under the ECOA.
Plaintiff applied for and received what was supported to be a USDA RD Mortgage from the lender. As it turned out, the lender did not submit an application to the USDA RD for the loan terms agreed to b ... etween the parties. Because of this failure, Plaintiff was prevented from refinancing her mortgage to a substantially lower rate. Plaintiff filed a suit for violations of the Equal Credit Opportunity Act (ECOA), Virginia Consumer Protection Act, Virginia Real Estate Settlements Act, Virginia Mortgage Lenders and Mortage Brokers Act and Constructive/Fraud.
