In Re Ameriquest Mortgage, Co. v. Mortgage Lending Practices Litigation

2007 U.S. Dist. Lexis 70805 (N.D. Ill. 2007)

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Nature of the Case

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Facts

P alleged she consummated a mortgage transaction with Ameriquest. Ameriquest ordered from Homestead Appraisal a property appraisal of Ps' future home. D performed the appraisal and prepared a written appraisal report on or that valued the home at $163,000. P alleges that the 'true value' was actually $130,000-135,000 and that D and Homestead 'substantially and artificially inflated' her home's value. This would increase the loan amount for which she could qualify and thereby increase Ameriquest's potential profit. Eventually, the adjustable mortgage rate began to rise. P's attempts to refinance her mortgage were unsuccessful because the inflated loan amount exceeded the actual value of her home. P alleged damages and a conspiracy to misrepresent in counts 2 and 3. In count 1 she alleged a Truth in Lending Claim for improper and misleading disclosures of her right to cancel her mortgage. P requests that we void her mortgage and award any applicable statutory damages and set the obligations between the parties on rescission.