Author Archives: Jeff Sovern

Will the Supreme Court’s Rescission Decision Lead to More Litigation?

by Jeff Sovern Two weeks ago, as Scott posted, the Supreme Court decided Jesinoski v. Countrywide Home Loans, Inc., holding that consumers may rescind under the Truth in Lending Act by so notifying the lender, and that the statute does not require the consumer to file a lawsuit to rescind. So you might think that […]

CFPB Report: Nearly Half of Borrowers Do Not Shop for a Mortgage

by Jeff Sovern As previously reported in The New York Times and CFPB Monitor, a CFPB report based on data in the National Survey of Mortgage Borrowers has found that nearly half of borrowers don't shop for a mortgage. The new report,taken together with my earlier survey of mortgage brokers finding that consumers virtually never back […]

More on the St. John’s Arbitration Study

by Jeff Sovern Peter Holland has an interesting blog post pulling together a lot of the most significant findings of our arbitration study and adding his own commentary.  Meanwhile, Ballard Spahr lawyers Alan Kaplinsky, Mark Levin, and Daniel McKenna responded to my earlier American Banker op-ed in an op-ed of their own, claiming Consumers Fare Better […]

Will Lending Decisions Be Based on Consumer Use of Capital Letters?

by Jeff Sovern In our casebook, we quote a 1982 article that reports on a credit scoring system that took into account, in calculating the score, the first letter of the applicant's last name.  Credit scoring has evolved since then but maybe history is repeating itself or at least rhyming.  Today's Times includes an article, […]

WSJ: Credit Counselor Has Ties to High-Interest Lenders

Here. The subtitle reads: Consumer-Debt Adviser Howard Dvorkin Has Financial Links to Firms Such as Payday Lenders That Often Drive People Deeper into Debt.  And here's the beginning of the article: One of the most prominent advocates for consumer debt relief has ties to firms that can leave people deeper in debt. Howard S. Dvorkin is […]

Sickler Article on Why Courts Require Filing Suits to Rescind Under TILA

Alexandra Power Everhart Sickler of North Dakota has written The Truth Shall Set You Free: Explaining Judicial Hostility to the Truth in Lending Act’s Right to Rescind a Mortgage Loan, forthcoming in the Rutgers Journal of Law and Urban Policy. Here is the abstract: The Supreme Court is entertaining a divide among the federal circuits […]