Allan

Allan v. Greenpoint Mortgage Funding

Good Law
730 F. Supp. 2d 1071·2010 WL 2985080·2010 U.S. Dist. LEXIS 75520
United States District Court, Northern District of CaliforniaJuly 27, 2010C 08-01534 MHPCalifornia3,703 words

Opinion

Opinion

Patel, J.

MEMORANDUM & ORDER

Plaintiff Karim Alan (“Alan”) brought this suit against GreenPoint Mortgage Funding (“GreenPoint”), a mortgage lender, and other defendants in March 2008, alleging various claims arising from the refinancing of Alan’s home in late-2006. Alan’s complaint asserted six causes of action against GreenPoint: (1) for violating the Real Estate Settlement Procedures Act (“RESPA”) and related regulations, 12 U.S.C. §§ 2603 , 2607, 24 C.F.R. §§ 3500.7 , 3500.14; (2) for violating the Truth-in Lending Act (“TILA”) and related regulations, 15 U.S.C. § 1601 et seq., 12 C.F.R. §§ 226.17-226.19 ; (3) for violating the Racketeer Influenced Corrupt Organizations Act (“RICO”), 18 U.S.C. §§ 1961-62 ; (4) for violating the Fair Housing Act (“FHA”), 42 U.S.C. § 3604 ; (5) for deceit, Cal. Civ.Code §§ 1709-10; and (6) for breach of fiduciary duty. Before the court are cross motions for summary judgment from Alan and GreenPoint. Alan moves for summary judgment in his favor on his first and second causes of action, arising under RESPA and TILA respectively. GreenPoint moves for summary judgment in its favor on all six causes of action. Having considered the parties’ submissions, and…

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