This lawsuit is part of AG Healeys review of securitization practices in the subprime auto marketan industry-wide investigation that remains ongoing. Please limit your input to 500 characters. VS MVCONNECT, LLC, ET AL. 2021-10-14, U.S. District Courts | Finance | A no-evidence summary judgment is essentially a pretrial directed verdict. Tex. This is in accord with Section 84.201(d)(3)(A) of the Texas Administrative Code. A lock icon ( Her office previously secured a similar settlement with Santander requiring the company to pay $22 million and provide over $7 million in debt relief to Massachusetts borrowers. ), filed by Jennifer Bradley. We reverse the trial courts award of attorney fees to Exeter because the fees were not incurred to enforce the contract, but we otherwise affirm the trial courts judgment because Murphy failed to produce more than a scintilla of evidence in support of his claims for usury, deceptive trade practices, and breach of contract. Consent/Declination due by 8/3/2017. Replies due by 10/19/2017. FIN. Crocker v. Babcock , 448 S.W.3d 159, 163 (Tex. No statute allows attorney fees to be awarded for successfully prosecuting a no-evidence motion for summary judgment, so they must be authorized by the contract for the trial courts award to be proper. 107, Fort Worth, TX 76164, for appellee. Court of Appeals Sixth Appellate District of Texas at Texarkana. There are several actions that could trigger this block including submitting a certain word or phrase, a SQL command or malformed data. Before Morriss, C.J., Moseley and Burgess, JJ. If you need assistance, please Contact the Attorney General's Office at (617) 727-2200. See TEX. App.Texarkana 2014, pet. The trial court granted Exeters motions for summary judgment and denied Murphys motion. AG Healey has been a national leader in holding subprime auto lenders accountable. 2002). (Attachments: # 1 Notice of Eligibilirty for Video Recording)(bwS, COURT STAFF) (Filed on 9/20/2017) (Entered: 09/20/2017), CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. Suggestions are presented as an open option list only when they are available. See Nelson v. Napolitano, 657 F.3d 586, 587 (7th Cir. Wal-Mart Stores, Inc. v. Rodriguez , 92 S.W.3d 502, 506 (Tex. Responses due by 10/12/2017. The state is seeking relief for Massachusetts borrowers harmed by these alleged practices, as well as civil penalties and injunctive relief. His payment of $400.00 was allocated entirely to finance charges, leaving a balance of $186.15 in unpaid finance charges. Subprime auto lender Exeter Finance has agreed to pay more than $6 million in two states for financing auto loans that the lender knew or should have known were unfair. See TEX. On 10/05/2021 Bradley filed a Finance - Consumer Credit lawsuit against Exeter Finance LLC. 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. 301.002(a)(4) (West 2016). CODE 84.201(d)(2)(B)(iii) (West, West current through July 27, 2018) (Office of Consumer Credit Comm'r, Time Price Differential). Cancellation and Refund Policy, Privacy Policy, and Sage v. Howard , 465 S.W.3d 398, 402 (Tex. Success of Lawsuit Challenging ICE Records Disposition (March 2021) AHA Letter Expressing Concern over John Carroll University Policy Permitting Elimination of Tenure (March 2021) (March 2021) Claremont, California Postdoctoral Research Scholar, Firms and Antitrust. Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. Filing fee $ 402, receipt number 0752-18366584. R. Civ. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, The complaint, filed in Suffolk Superior Court, alleges that since 2013, CAC failed to inform investors that the company topped off the pools of loans that they packaged and securitized with higher-risk loans, despite claiming otherwise in disclosures to investors. Travelers Ins. Co. , 411 S.W.3d 651, 657 (Tex. EXETER FINANCE LLC, A LIMITED LIABILITY COMPANY vs WILLIAMS, DUNN v. EQUIFAX INFORMATION SERVICES LLC et al, Aycock v. JPMorgan Chase Bank, N.A. Healey, in a video conference call with three consumers who bought cars with loans through Credit Assistance, described a company that lent money to consumers at interest rates that met or exceeded the state's cap of 21 percent, and then engaged in unlawful collection practices. , 412 S.W.3d at 742. Public Records Policy. CODE 84.201(b), (d)(3)(A) (West, West current through July 27, 2018) (Office of Consumer Credit Comm'r, Time Price Differential). 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). Your IP: On appeal, Murphy contends that the trial court erred in granting Exeters motions for summary judgment as to his claims that Exeter had committed usury, had engaged in deceptive trade practices, and had breached its contract with him. The attorneys affidavit claimed "that the attorneys fees and expenses in the amount of $5,550.00 is a reasonable fee for the services rendered in pursuing this claim" and that. 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 AG Healey. R. Civ. (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. See 7 TEX. NO FURTHER WRITTEN ORDER SHALL ISSUE. The numerous remaining payments and allocations shown in the statement of account are consistent in formulation and allocation with those detailed hereinabove. Murphy filed a response to Exeters motions and a traditional motion for summary judgment, arguing that the copy of the original contract and the payment schedule, together with the evidence attached to his motion, supported and conclusively proved his claims. The University of Pittsburgh Medical Center and James Luketich, the longtime chair of UPMCs cardiothoracic surgery department, have agreed to pay $8.5 million to settle claims that the doctor and system jeopardized patient health to maximize profit and falsely billed federal programs, Healthcare Dive reports. 173.254.243.202 Murphys DTPA causes of action pursuant to Section 17.65, subsection (b)(5) and (12), of the Texas Business and Commerce Code are based on his claims that in violation of the contract, Exeter demanded, charged, and/or received usurious interest and committed the "usury frequent practice of applying monthly payments illegally to interest, with frequent, if not all, payments never being credited properly to reduction of principal." 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. The complaint also alleges that CAC has made high-interest subprime auto loans to Massachusetts borrowers that the company knew borrowers would be unable to repay, in violation of state law. We must determine whether Murphy produced any evidence of probative force to raise a fact issue on the material questions presented. 2015) Court Description: MEMORANDUM OPINION AND ORDER: Accordingly, it is ordered that Parker and 2013, pet. Settlement to Provide Relief to Hundreds of Massachusetts Borrowers. EXETER FINANCE CORP., Appellee Frank Supercinski, Attorney at Law, P.O. Protesters disrupted the first hearing of a House select committee investigating potential threats that the Chinese Communist Party (CCP) poses to the country and U.S.-China competition late Tuesday, arguing that the country should cooperate with China instead of competing with it. 348.0015(a), 348.007(d) (West 2016). Signed by Magistrate Judge F. Keith Ball on 3/6/2020. Previously, the AGs Office secured $22 million from Santander for its role in financing subprime auto loans. Top-requested sites to log in to services provided by the state. A .mass.gov website belongs to an official government organization in Massachusetts. Murphy failed to make the payment prescribed under the contract to be paid on November 5, 2014. [ECF 2, 2-1]. To request information suppression, updates, or additions, contact us about this docket. Mailed notice (ef, ) (Entered: 11/12/2021), Docket(#34) REPORT of Rule 26(f) Planning Meeting by Dennis J. Henderson (Plati, Michael) (Entered: 11/02/2021), Docket(#33) ORDER signed by the Honorable John F. Kness on 10/19/2021: Telephonic initial status hearing is set for 11/15/2021 at 10:00 AM. Boston 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. Exeter Finance, a full-service subprime auto lender backed by Blackstone, withdrew its plans for an initial public offering on Friday, citing market conditions. ) or https:// means youve safely connected to the official website. CODE 84.201(d)(3)(A), (E)(i) (Office of Consumer Credit Comm'r, Time Price Differential). UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. The settlements in Massachusetts and Delaware resulted from a joint investigation by the states' attorneys general offices, the offices said in separate statements Monday. In Texas, attorney fees may not be recovered from an opposing party unless they are authorized by statute or by contract between the parties. Irving. Mass.gov is a registered service mark of the Commonwealth of Massachusetts. P. 6 or Fed. The feedback will only be used for improving the website. 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. 45. 1999) (per curiam). Code Ann . The only thing that is preventing me out of giving a five star rating is the rates of interest. Plaintiff Attorney: Joseph Angelo. The future of the 1%: These are the 20 US colleges that produce the wealthiest grads. Please remove any contact information or personal data from your feedback. Contact the Attorney General's Office at (617) 727-2200, AG Healey Secures $5.5 Million for Consumers, State in Subprime Auto-loan Settlement. There is no document associated with this entry.) (jmlS, COURT STAFF) (Filed on 7/20/2017) (Entered: 07/20/2017), Proposed Summons. I admit I have struggled with the 465 payments and they even repossessed the car in 2019 at which point I had to pay an Uber over $200 after coming up with the payment to pick the car back up bc they took the car to an entire different county from where I live. With an interest rate of 20.99 percent, he said he quickly fell behind and then endured constant collection calls and vehicle repossessions until he lost the car in 2019. All of this was set out in the contract, to which Murphy agreed by affixing his signature. (cmf, COURT STAFF) (Filed on 10/16/2017) (This is a text-only entry generated by the court. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. You can email the site owner to let them know you were blocked. 1997) ). Case assignment: Random assignment. Code 84.201(b), (d)(3)(A) (Office of Consumer Credit Comm'r, Time Price Differential). Interest is "compensation for the use, forbearance, or detention of money. Web The trial court denied Murphys motion for summary judgment and granted both Exeters traditional and no-evidence motions for summary judgment. California 111 Corporate Dr, Suite 120 Ladera Ranch, CA 92694 (949)297-4900 phone (949)297-4911 fax info@exeterfinancial.com Mitchell v. Experian Information Solutions, Inc. Denos v. First Northern Credit Union et al, Henderson v. Equifax Information Services, LLC et al. (Attachments: #1 Civil Cover Sheet)(Plati, Michael) (Entered: 06/17/2021), Los Angeles County Superior Courts | Other | Murphys list of calculations is apparently based on a misunderstanding of the transaction and the law governing it. Then donations poured in. Yes, I'd like to receive email communications on editorial features, special offers, research and events and webinars from Automotive News. (kmca) (Entered: 11/16/2021), (#5) Summons Issued as to Exeter Finance LLC, Primeritus Financial Services Inc. (Attachments: #1 Summons for Primeritus Financial Services, Inc.)(arut) (Entered: 10/07/2021), (#3) Local Rule 26.01 Answers to Interrogatories by Jennifer Bradley. This page is located more than 3 levels deep within a topic. 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. Todays settlement with Exeter provides millions of dollars in relief and repairs damaged credit. Why is this public record being published online? WebHome; Products. Residential LED Lighting. And although the financed amount decreased by $1,000, the monthly payments increased from approximately $500 to $516. ADMIN. 2022-07-26. I told them that is A .mass.gov website belongs to an official government organization in Massachusetts. Contact the Attorney General's Office at (617) 727-2200, AG Healey Sues Major Subprime Auto Lender for Unfair and Deceptive Practices in Its Subprime Auto Loan Business in Massachusetts. WebHow does Exeter Finance LLC protect my personal information? The action you just performed triggered the security solution. 1:23-CV-01109 | 2023-02-24, U.S. District Courts | Finance | (Ellis, Bernie) (Entered: 11/11/2021), (#9) ANSWER to #1 Complaint by Exeter Finance LLC. (kmca) (Entered: 11/16/2021), Docket(#6) First MOTION for Extension of Time by Exeter Finance LLC. This companys loans put Massachusetts car buyers in economic danger, AG Healey said. Send the collection agency a debt validation letter. Mailed notice (ef, ) (Entered: 09/03/2021), Docket(#28) NOTICE of Voluntary Dismissal by Dennis J. Henderson as to Defendant Exeter Finance, LLC (Plati, Michael) (Entered: 08/31/2021), Docket(#27) MOTION by Defendant Exeter Finance, LLC for extension of time to file answer regarding complaint #1 (UNOPPOSED) (Ritchie, Alan) (Entered: 08/30/2021), Docket(#26) ANSWER to Complaint and Affirmative and Other Defenses by Equifax Information Services, LLC(Stanzick, Jasmine) (Entered: 08/30/2021), Docket(#8) MOTION by Defendant Experian Information Solutions, Inc. for extension of time to file answer (Unopposed) (Salvi, Mackenzie) (Entered: 07/14/2021), Docket(#7) NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Experian Information Solutions, Inc. (Salvi, Mackenzie) (Entered: 07/14/2021), Docket(#6) ATTORNEY Appearance for Defendant Experian Information Solutions, Inc. by Mackenzie Renee Salvi (Salvi, Mackenzie) (Entered: 07/14/2021), Docket(#5) SUMMONS Returned Executed by Dennis J. Henderson as to Exeter Finance, LLC on 6/28/2021, answer due 7/19/2021. 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