In re Ameriquest Mortgage Co Mortgage Lending Practices Litigation

2007

Venue: N.D. IL

Facts: Skanes gets a mortgage from Ameriquest. They appraise her home at an allegedly inflated value, so as to qualify her for a larger loan and thereby increase profits.

Posture: She sues with three claims: count 1 is a Truth In Lending Act claim against Ameriquest. Counts 2 and 3 are state law fraud counts. Motion to dismiss counts 2 and 3 under 12(b)(1) and § 1367(a) and (b)

Issue: Supplemental jurisdiction?

Holding: Yes.

Rule: If resolution of a state claim might affect resolution of the federal claim, that's a good case for supplemental jurisdiction.

Reasoning: Common operative facts are what we're looking for here. And in this case if counts 2 and 3 are dismissed, she mau not be able to get full relief under TILA (e.g., recission or damages).

Dicta: