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BRYANT v. MORTGAGE CAPITAL RESOURCE CORP.

United States District Court, N.D. Georgia, Atlanta Division (2002) | 197 F.Supp.2d 1357

4 min read

TL;DR: An assignee of high-cost mortgages argued it was shielded from the original lender's TILA violations. The court held the assignee could be liable for all claims, including state law torts, that the borrower could have brought against the original lender, but some claims were time-barred.

Legal Significance: Establishes that under HOEPA, an assignee's liability is expansive, subjecting it to all claims (including state law torts) the borrower had against the original predatory lender. A signed acknowledgment of disclosure is not conclusive proof of delivery for rescindable loans.

I object!... to how much coffee I need to function during finals.

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