NEWS: Update
Class Action Certified January 22, 2010
Lymburner v. U.S. Financial Funding, Inc.
Lee and Fields, APC is proud to announce the certification of their 1st national class action. Edward Lee and Christopher Fields, along with co-counsel Jeffrey Berns and David Arbogast of Arbogast & Berns and Bryan Kabatek and Richard Kellner of Kabatek Brown & Kellner, were appointed as class counsel in Northern District of California Case No. C-08-00325 EDL. In her complaint, Plaintiff Lymburner alleges violations of the Truth in Lending Act, Fraudulent Omission, and Unfair Competition. The class is defined as:
All individuals in the United States of America who, between January 17, 2004 and the date that notice is mailed to the Class, obtained an Option ARM Loan originated by U.S. Financial Funding, Inc., with the following characteristics:
(i) The numerical interest rate listed on page one of the Promissory Note is 3.0% or less;
(ii) In the same paragraph referenced in (i), the Promissory Not uses the term “may” instead of “will” or “shall” change, when describing an increase in that listed numerical rate, e.g., the interest rate I will pay may change;
(iii) The margin amount added to the index for the loan is equal to or greater than 1.75%;
(iv) The promissory note does not contain any statement that paying the amount listed as the “initial monthly payment” “will” as opposed to “may” result in negative amortization after the first interest rate change date.
Excluded from the Class are Defendant’s employees, officers, directors, agents, representatives, and their family members, as well as the Court and its officers, employees, and relatives.
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