Law Office of Andrew E. Farmer // AndrewFarmerLaw.com - Forum

What if TILA is Violated? - by: Andrew Farmer Law

What is the penalty for violating TILA? Does the wronged consumer benefit? Here are some examples of violations of The Truth In Lending Act: Creditors are liable for violation of the disclosure requirements, regardless of whether the consumer was harmed by the nondisclosure, UNLESS: The creditor corrects the error within 60 days of discovery and prior to written suit or written notice from the consumer, or The error is the result of bona fide error. The creditor bears the burden of proving ...

Truth In Lending Act - by: Andrew Farmer Law

The Truth In Lending Act (TILA) can also serve to benefit consumers who have fallen victim to violators of this act. What is TILA? What is the purpose of The Truth In Lending Act (TILA)? Economic stabilization and competition is strengthened by informed use of credit by consumers. The Act is in Title I of the Consumer Credit Protection Act and is implemented by the Federal Reserve Board via Regulation Z (12 C.F.R. Part 226). The Regulation has effect and force of federal law. TILA is to b...

Frequently Asked RESPA Questions - by: Andrew Farmer Law

Here are some questions that are often asked regarding RESPA. We hope that you find them informative. Frequently Asked Questions: Q: What are the penalties for a RESPA violation? A: Any person who violates RESPA’s provisions may be fined up to $10,000 or imprisoned for up to one year, or both. Additionally, the person violating RESPA is liable to the person charged for the settlement service for three times the amount paid for the settlement service. In addition to criminal penalties, RESPA viol...

Some Elements of RESPA - by: Andrew Farmer Law

Here are some limitations under RESPA that can be understood a little better by reading below: Kickbacks and referral fees prohibited -- Generally, the paying or receiving of any fee or thing of value for the referral of business related to the settlement without rendering a service is a RESPA violation. It is key that any payment is in return for a service provided. Settlement services are broadly defined to include more than just the traditional services performed by a lender, mortgage broker or title ...

What is RESPA? - by: Andrew Farmer Law

With foreclosures continuing to occur at unprecedented levels, consumers and legal teams are pulling out all of the stops in preventing them from occurring or seeking damages from lenders. One of the acronyms en vogue at the moment is RESPA. What is RESPA? The Real Estate Settlement Procedures Act (RESPA) was enacted in 1974 to provide consumers with disclosure about closing costs and to prohibit unearned fees (kickbacks/referral fees). Subsequent amendments to RESPA pertain to Controlled Business Arra...

Can They Take My Money? - by: Andrew Farmer Law Office

If you are pulled over during a traffic stop, and you were returning from a big week in Vegas and you won BIG, can they suspiciously take and hold your cash? That question was posed to our office recently and we were thinking, "Who drives to Vegas from East Tennessee?" Imagine that you have been pulled over and a police officer asks to search your vehicle. You give permission to search and the officer discovers that you are transporting a large amount of money. Of course you know exactly how much money ...

What Is Employment at Will? - by: Andrew Farmer Law Office

Many states have a right to hire/right to fire practice in place and Tennessee is one of them that follow the Employment at Will practice. Our office does get calls about individuals who feel that they have been wrongfully terminated, but do they have a case? Let's take a look at Employment at Will in a little more detail. Employees in Tennessee frequently have questions in regards to the definition of Employment at Will. This is a common law notion stating that, without any type of formal employment c...

NHC ...Liable For Employee's Actions? - by: Andrew Farmer Law Office

It is an area of law that is not crystal clear. Are employers liable for the actions of their employee if the employee is committing a crime while on duty? Sometimes the answer is yes and sometimes the answer is no. In this case, NHC officials, or at least on-site administrators, appear to have had knowledge. If that is true, then NHC will be in trouble! Read further about this case that is ongoing. James William Wright, a one time nurse's aide for NHC, chose his female victims of alleged rape and ...

Drug Free School Zone Means More Serious Penalties - by: Andrew Farmer Law Office

As more laws are passed and enforced to provide a safe learning environment for students, what may have resulted in a mere suspension years ago, may now earn prison time. Read about these students in Hawkins County that face incarceration for their actions. Four people have been indicted in a Volunteer High School pill trafficking scheme that sent one student to the emergency room in March of 2008 with an overdose. Three of the four were students at VHS at the time of their arrest last March, and th...

Foreclosure Requirements - by: Andrew Farmer Law Office

Power of Sale Notice Requirements: Prior to initiating a foreclosure the trustee or other party conducting the foreclosure must notice the borrower of the sale at least twenty (20) days before the sale and publish thenotice of foreclosure sale for at least three (3) weeks in a newspaper of general circulation in the county in which the property is located. The first publication must be twenty (20) days prior to the sale date. If no newspaper is available the notice must be posted in at least five (5)...