ALSJ, Inc. v. Kurtz

Plaintiff filed mortgage foreclosure complaint. Court found that Defendant defaulted on the loan, but also found that Plaintiff violated Mortgage Fraud Act, for “facially outrageous” 1-year balloon mortgage. Court rescinded mortgage documents and awarded attorney fees for Defendant. In combination with its credibility determinations, court reasonably favored Defendant’s documentary evidence over Plaintiff’s. Court did not abuse its discretion in declining to account for potential windfall to Defendant by ordering equitable remedy of rescission. Court was not precluded from awarding attorney fees, which are a form of relief under Consumer Fraud Act. (McLAREN and BIRKETT, concurring.)