First Union Mortgage Corporation

Two Counts of Claims for Relief

Count I - Breach of Contract

By collecting and attempting to collect a fee for delivery of a monthly mortgage statement (during the relevant time period) constitutes a breach of contract between the Defendants and members of the class action. Charging such a fee was not permitted under the mortgage and is considered unfair conduct. It also violates the Defendants' obligation of good faith and fair dealing in the mortgage agreement.

Count II - TILA (Truth in Lending Act)

The transactions in question were consumer credit transactions within the meaning of the Truth in Lending Act (TILA) and Regulation Z. These financial institutions are creditors within the meaning of the TILA (each has originated 25+ consumer credit contracts per year) and are obligated to disclose any fees in connection with the availability or use of credit. They are also obligated to indicate the time when such fees are payable.

Because the Defendants and Assignors failed to disclose the fee and didn't refer to it anywhere in the mortgage, they are responsible to each person (in the class action) that was charged such fees by the Defendants.