Court Upholds Claims That Astoria Federal Did Not Fully Disclose Mortgage Loan Fees
March 11 2005 - 5:08PM
PR Newswire (US)
Court Upholds Claims That Astoria Federal Did Not Fully Disclose
Mortgage Loan Fees MANHASSET, N.Y., March 11 /PRNewswire/ -- The
law firm Whalen & Tusa, P.C. announces that U.S. District Judge
Arthur D. Spatt has denied a motion to dismiss plaintiffs' Truth In
Lending Act claim ("TILA") against Astoria Financial Corporation
(NYSE:AF), Astoria Federal Savings Bank, Astoria Mortgage
Corporation, Long Island Savings Bank and Long Island Bancorp.
Plaintiffs claim that the defendants did not fully disclose fees
demanded of consumers when they repaid their mortgage loans prior
to maturity. The judge also permitted five state law claims to
remain in federal court. The plaintiffs are six former New York
homeowners who had mortgage loans or home equity loans from Astoria
Federal or Long Island Savings. The plaintiffs are represented by
former New York State Attorney General G. Oliver Koppell and Whalen
& Tusa, P.C. The case alleges the banks routinely demand and
collect fees and other charges not permitted by the mortgage
agreements and federal and state laws. The complaint further
alleges that such fees constitute finance charges, prepayment
penalties, refinancing penalties, and payoff fees that are imposed
on consumers who pay-off mortgage loans prior to maturity. Such
fees may include an "Attorney Document Preparation Fee," "Facsimile
Fee" (to receive a payoff letter or payoff amount), "Satisfaction
Fee," "County Clerk Fee" or a "Recording Fee." All allegedly
unlawful fees are demanded in Astoria's payoff letters and are
demanded and collected at closing. Whalen & Tusa, P.C. is a law
firm specializing in litigation with offices in Manhasset and New
York City that is dedicated to protecting the rights of consumers
abused by corporate fraud, deception and over-billing. CONTACT:
Whalen & Tusa, P.C., (212) 786-7377,
http://www.whalen-tusa.com/ DATASOURCE: Whalen & Tusa, P.C.
CONTACT: Whalen & Tusa, P.C., +1-212-786-7377, Web site:
http://www.whalen-tusa.com/
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