Law School Case Briefs
Start by searching for a case name or citation above.
Discover a Random Brief
Bryant v. Mortgage Capital Resource Corp.
District Court, N.D. Georgia (2002) | 197 F. Supp. 2d 1357; 2002 U.S. Dist. LEXIS 1566; 2002 WL 186147
TL;DR: An assignee of high-cost mortgages argued it was not liable for the original lender's predatory acts. The court held that under the Home Ownership and Equity Protection Act (HOEPA), the assignee is subject to all claims, including state law fraud, that could be brought against the originator.
Legal Significance: This case establishes that HOEPA subjects assignees of high-cost mortgages to liability for all of the originator's misconduct, including state law claims, and clarifies that a borrower's signed acknowledgment of TILA disclosures creates only a rebuttable presumption of delivery for such loans.