Whether a party is entitled to recover attorney fees is a question of law that we review de novo. In Billy Ginwright v. Exeter Finance Corp ., No. Case assignment: Random assignment. That decision is a question of law which we review under a de novo standard. Box 189, Longview, TX 75606, for appellant. The Texas Office of Consumer Credit Commissioner conveniently calculates the equivalent annualized percentage rates based on the allowable add-on rate specified in Section 348.104, the model of the vehicle, the year of purchase, and the number of payments. Both states say the loans violated state law. FIN. 2011) (Rule 41(a)(1)(A) notice of dismissal "is self-executing and effective without further action from the court"). Interest is "compensation for the use, forbearance, or detention of money. Haig: Buy-Sell Q&A: What is the value of an M&A advisor? Participants are directed to keep their device muted when they are not speaking. denied) (citing Merrell Dow Pharms., Inc. v. Havner , 953 S.W.2d 706, 711 (Tex. Car loans to consumers with poor credit, known as subprime auto loans, are often made through contracts signed at the car dealership, but the loans are funded by non-dealer financial institutions, like Exeter. Murphy will defeat Exeters no-evidence summary judgment motion if Murphy presented more than a scintilla of probative evidence on each element of its claim. Fin. P. 45. Please do not include personal or contact information. Mailed notice(ef, ) (Entered: 10/19/2021), Docket(#32) Notice of Settlement by Dennis J. Henderson as to Defendant Equifax Information Services, LLC (Plati, Michael) (Entered: 09/29/2021), Docket(#31) MINUTE entry before the Honorable John F. Kness: Plaintiff has filed a stipulation of dismissal #30 explaining that the case has been voluntarily dismissed as against Defendant Experian Information Solutions, Inc. only. Courts have held that lending is unlawful under the statute if lenders do not have a basis for believing that borrowers will be able to repay their loans in normal course. Similarly, Murphys affidavit is not evidence of sufficient probative force to raise a fact issue on any material question, because the terms of the contract specify that payments will first be allocated to accrued but unpaid finance charges with any remainder being allocated to the principal. 2:23-CV-00337 | 2023-02-24, U.S. District Courts | Finance | Murphy filed this appeal. Attorney at Richardson Plowden and Robinson (Cola). Murphy v. Exter Fin. (dhmS, COURT STAFF) (Filed on 7/20/2017), Case assigned to Magistrate Judge Howard R. Lloyd. Because the notice of dismissal was filed before the opposing party served either an answer or a motion for summary judgment, the case against Defendant Exeter Finance, LLC is dismissed without prejudice in accordance with the terms of the stipulation and by operation of Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. Refers to: Exeter Finance LLC Filed By: Garcia, Julian (Plaintiff), Civil Case Cover Sheet filed by Garcia, Julian. Contact the Attorney General's Office at (617) 727-2200, AG Healey Secures $5.5 Million for Consumers, State in Subprime Auto-loan Settlement. (blflc4S, COURT STAFF) (Filed on 7/26/2018), STIPULATION WITH PROPOSED ORDER (for dismissal of Defendant Experian Information Solutions, Inc.) filed by Seely Moore. Healey, who has secured similar settlements with Exeter Finance and Santander over their auto loan practices, described the Credit Acceptance settlement filed in Suffolk Superior Court on Wednesday as the largest of its kind. Under the terms of the contract, Murphy was assessed a daily finance charge (the amount of which is determined by using the true daily earnings method that is based on the annualized percentage rate and the outstanding principal balance divided by the 365 days in a year: $16,330 x 20.6% = $3,368.98 365 = $9.21638 per day). The state is seeking relief for Massachusetts borrowers harmed by these alleged practices, as well as civil penalties and injunctive relief. Each party is to bear its own fees and costs. The stipulation is signed by both Plaintiff and Experian. The other $1.8 million was for future emotional and physical damages. Code Ann . R. Crim. 5:17-cv-04082. Refers to: Exeter Finance LLC Filed By: Garcia, Julian (Plaintiff), DocketDeclaration - Other filed by Garcia, Julian. Cases involving consumer credit violations, 371, 480, 1371, 1480, 2371, 2480, 3371, 3480, 4371, 4480, 5371, Truth in Lending Act (TILA) - 15 USC 1601-1667 April 15, 2019 12:00 AM. Public Records Policy. In 2019, she reached a $5.5 million settlement with Exeter Finance for its alleged role in financing unfair subprime auto loans. Because his payment exceeded the total finance charges, $141.70 was allocated to the principal balance ($890.05 - $748.35 = $141.70), reducing the principal from $16,330 to $16,188.30. Share sensitive information only on official, secure websites. (tshS, COURT STAFF) (Date Filed: 11/16/2017) (Entered: 11/17/2017), ORDER GRANTING 30 EXPERIAN INFORMATION SOLUTIONS, INC.'S MOTION TO APPEAR BY TELEPHONE AT HEARING. Add an additional 3 days only if served by mail or otherwise allowed under Fed. The future of the 1%: These are the 20 US colleges that produce the wealthiest grads. Each party is to bear its own fees and costs. He alleged that this action rendered Exeter liable for penalties for having practiced usury and for deceptive trade practices under Sections 17.46, subsections (b)(5) and (12), of the Texas Business and Commerce Code (the Deceptive Trade Practices Act (DTPA) ), in addition to having breached the contract with Murphy. As part of the agreements, Exeter will waive deficiencies on certain subprime loans in its portfolio and will request that the major credit bureaus "wipe all trade lines for involved subprime loans" on affected consumers' credit reports, according to the statements. P. 6 or Fed. Use this button to show and access all levels. United States. App.Texarkana 2014, pet. We must determine whether Murphy produced any evidence of probative force to raise a fact issue on the material questions presented. 348.0015(a), 348.007(d) (West 2016). '$1 billion problem': Organized retail theft is big business in Massachusetts, Your California Privacy Rights / Privacy Policy. However, the contract clearly stated that payments would be applied first to "earned but unpaid finance charge" then "to anything else [Murphy] owe[d] under [the] Agreement," explaining, "If you do not timely make all your payments in at least the correct amount, you will have to pay more Finance Charge" and, "If you make scheduled payments early, your Finance Charge will be reduced (less). California 111 Corporate Dr, Suite 120 Ladera Ranch, CA 92694 (949)297-4900 phone (949)297-4911 fax info@exeterfinancial.com A lawsuit has been filed against national auto lender Credit Acceptance Corporation (CAC) for allegedly making unfair and deceptive auto loans to thousands of Massachusetts consumers, providing investors with false or misleading information regarding auto securities they offered, and engaging in unfair debt collection practices, Attorney General Maura Healey announced today. See id. Suggestions are presented as an open option list only when they are available. Designated as Magistrate Judge the Honorable Jeffrey Cole. FIN. Share sensitive information only on official, secure websites. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. COURTNEY CARR, ET AL. Case Management Conference set for 11/16/2017 11:00 AM in Courtroom 3, 5th Floor, San Jose before Hon. Cancellation and Refund Policy, Privacy Policy, and Solera | DealerSocket: Four real-time integrations that can save your dealership time, Solera | DealerSocket: Time for a new pre-owned pricing tactic, Kerrigan Advisors: Blue Sky Update Q4 2021, Qualcomm: Trading multi-year design cycles for on-demand features and experiences, Twitter: EV adoption is happeningin an unexpected place, Massachusetts Attorney General Maura Healey, Delaware Attorney General Kathleen Jennings. (crl, ) (Entered: 06/17/2021), Docket(#2) ATTORNEY Appearance for Plaintiff Dennis J. Henderson by Michael Joseph Plati (Plati, Michael) (Entered: 06/17/2021), Docket(#1) COMPLAINT filed by Dennis J. Henderson; Jury Demand. Code Ann . We review a trial courts summary judgment de novo. The lender has also agreed to change its loan and debt collection practices,Healey said. 1999) (per curiam). During our analysis, "we review the evidence in the light most favorable to the non-movant, credit evidence favorable to that party if reasonable jurors could, and disregard contrary evidence unless reasonable jurors could not." You will be informed by separate notice of the district judge to whom this case is reassigned. More:Marshfield mom tried to raise money for a wheelchair ramp. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, If you do not agree with these terms, then do not use our website and/or services. Instead of learning from the subprime mortgage crisis, Healey said Credit Assistance and other auto loan companies used it as a "blueprint to make a profit on some of our most vulnerable residents. Get 24/7 access to in-depth, authoritative coverage of the auto industry from a global team of reporters and editors covering the news thats vital to your business. If one looks only at the usury laws that prevail in Texas, Murphys claim might have some merit. 107, 2017 U.S. Dist. No calendar events were found for this docket. On October 11, 2014 (sixty days after the August payment under the contract was made), Murphy paid another $400.00. 2011) (Rule 41(a)(1)(A) notice of dismissal "is self-executing and effective without further action from the court"). Exeter agreed to loan Mooneyham only $19,740 for the purchase, rather than $20,739.50. Last year, Exeter Finance. denied). Exeter Finance LLC answer due 3/30/2020. 1:20-CV-02580 | 2020-10-05, U.S. District Courts | Contract | 8:16-cv-565-TDC, ECF No. No later than five business days before the status hearing, the parties shall jointly complete and file on the docket a report that provides the information required by the Court's model Joint Initial Status Report, which can be found at https://www.ilnd.uscourts.gov/judge-info.aspx?Iu9/vqz23r5X7AkWx/nLtg== (see link entitled "Joint Initial Status Report"). Financing is illegal if lenders do not have a basis for believing that customers will be able to repay loans as scheduled, the Massachusetts attorney general office said in a statement. High/Low/Average 1 - 1 of 1 Listings. On December 22, 2014, eleven days after his previous payment, Murphy paid $140.00. Make your practice more effective and efficient with Casetexts legal research suite. Murphy agreed to make seventy-two payments of $399.12 beginning on August 5, 2014. 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(Entered: 10/16/2017), OPPOSITION/RESPONSE (re 21 MOTION to Dismiss ) filed bySeely Moore. EXETER FINANCE LLC, A LIMITED LIABILITY COMPANY vs WILLIAMS, DUNN v. EQUIFAX INFORMATION SERVICES LLC et al, Aycock v. JPMorgan Chase Bank, N.A. Signed by Judge Beth Labson Freeman on 1/22/2018. Accordingly, the case against Defendant Experian Information Solutions, Inc. is dismissed with prejudice in accordance with the terms of the stipulation and by operation of Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. In order to determine whether the evidence Murphy produced has merit sufficient to overcome Exeters no-evidence motion for summary judgment, we must first examine the applicable law and Exeters application of that law to this transaction. 107, Fort Worth, TX 76164, for appellee. Murphy failed to make the payment prescribed under the contract to be paid on November 5, 2014. 1:21-CV-11502 | 2021-09-14, Los Angeles County Superior Courts | Other | Court Reporter: Irene Rodriguez. Refers to: Exeter Finance LLC. Your IP: An official website of the Commonwealth of Massachusetts, This page, In Largest Settlement of Its Kind, AG Healey Secures $27 Million for Thousands of Massachusetts Consumers From Subprime Auto Lender , is, for In Largest Settlement of Its Kind, AG Healey Secures $27 Million for Thousands of Massachusetts Consumers From Subprime Auto Lender, Thousands of Massachusetts consumers, many of them first-time car buyers, put their faith in CAC to help them with an auto loan, but were instead lured into high-cost loans, fell deeper in debt, and even lost their vehicles, said, The AGs action against CAC is part of her Offices ongoing industry-wide review of securitization practices in the subprime auto loan market. And the best part of all, documents in their CrowdSourced Library are FREE! (crl, ) (Entered: 06/17/2021), (#2) ATTORNEY Appearance for Plaintiff Dennis J. Henderson by Michael Joseph Plati (Plati, Michael) (Entered: 06/17/2021), (#1) COMPLAINT filed by Dennis J. Henderson; Jury Demand. Plaintiff Attorney: Joseph Angelo. A finance company operating in Massachusetts, Exeter Finance LLC, will pay more than $5.5 million for its role in allegedly financing unfair, subprime auto loans for Massachusetts car buyers, Attorney General Maura Healey announced today. DocketCase assigned to Judicial Officer Bacal, Katherine. "More than a scintilla of evidence exists when the evidence rises to a level that would enable reasonable and fair-minded people to differ in their conclusions." By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, Therefore, Exeter was not entitled to an award of attorney fees because, by its actions in this case, it did not seek "to enforce" the contract against Murphy. 28% interest is really terrible and leaves customers feeling taken advantage of, although I know that lending to people with subpar charge is always a risk and that comes with high rates of interest. Co. of Conn. v. Mayfield , 923 S.W.2d 590, 593 (Tex. The petition also named Excel as a defendant, but Murphy later nonsuited his claims against Excel, leaving Exeter as the sole defendant. Use this button to show and access all levels. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. R. Civ. Exeter Finance Corporation is an auto finance company. Cases involving consumer credit violations, 371, 480, 1371, 1480, 2371, 2480, 3371, 3480, 4371, 4480, 5371, Truth in Lending Act (TILA) - 15 USC 1601-1667 Signed by Magistrate Judge F. Keith Ball on 3/6/2020. CODE ANN . 48207-2997, Automotive News We will use this information to improve this page. As of that date, Murphy owed $586.15 in accrued and carried-over, unpaid finance charge (60 x $9.21638 = $552.98 + $33.17 = $586.15). Refers to: Exeter Finance LLC Filed By: Garcia, Julian (Plaintiff). Please limit your input to 500 characters. Under the settlement, thousands of borrowers who received auto loans through Credit Assistance could be eligible for reimbursements or debt relief. Beth Labson Freeman for all further proceedings. 7:23-CV-00019 | 2023-02-24, U.S. District Courts | Finance | 1997) ). If you need assistance, please Contact the Attorney General's Office at (617) 727-2200. This lawsuit is part of AG Healeys review of securitization practices in the subprime auto marketan industry-wide investigation that remains ongoing. Exeter contends that the language of the contract signed by Murphy entitles it to an award of attorney fees, and the relevant contract provision states: In construing a written contract, our primary concern is to ascertain the intentions of the parties as expressed in the instrument. The AGs Office alleges that Exeter facilitated the origination of Massachusetts auto loans that the company knew or should have known were unfair and in violation of the state Consumer Protection Law. August payment exeter finance lawsuit california the settlement, thousands of borrowers who received auto loans COURT Reporter: Irene.... Other | COURT Reporter: Irene Rodriguez bySeely Moore and Robinson ( Cola ) by: Garcia, (... Dhms, COURT STAFF ) ( filed on 7/20/2017 ), OPPOSITION/RESPONSE re... 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As an open option list only when they are not speaking filed bySeely Moore the sole defendant cookies to your!, thousands of borrowers who received auto loans if one looks only at the usury that. Are presented as an open option list only when they are available Massachusetts, your Privacy. For reimbursements or debt relief questions presented to keep their device muted when they are available with Casetexts research... Probative force to raise a fact issue on the material questions presented more: Marshfield mom to. The purchase, rather than $ 20,739.50 citing Merrell Dow Pharms., Inc., 118 at! Contact the attorney General 's Office at ( 617 ) 727-2200 Plaintiff and Experian well civil... More effective and efficient with Casetexts legal research suite forbearance, or detention of money keep. ( adsbygoogle = window.adsbygoogle || [ ] ).push ( { } ) King! For appellee and debt collection practices, as well as civil penalties and relief! 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