The Equitable Mortgage Doctrine, The Truth In Lending Laws, Usury & Foreclosure Rescue

Foreclosure rescue operators are being sued by financially strapped homeowners around the country for the "sale leaseback" / "lease buyback" arrangements they are entering into. Some cases are invoking the equitable mortgage doctrine in order to have a purported conveyance from a homeowner to a foreclosure rescue operator with a simultaneously executed leaseback and purchase option be declared a mortgage; and then attacking the transaction as being violative of the Federal Truth In Lending Law disclosure requirements and state usury law, among other claims. For a more extensive post, see The Equitable Mortgage Doctrine, The Truth In Lending Laws, Usury & Foreclosure Rescue.
.