Posts from January 2015.

The United States Supreme Court recently held in Jesinoski v. Countrywide Home Loans, Inc., et al., 574 U.S. -- (2015), that the Truth in Lending Act's ("TILA") rescission provision, 15 U.S.C. § 1635, does not require a borrower to file a lawsuit within the three-year time period under 15 U.S.C. § 1635(f) in order to rescind. The Jesinoski borrowers had refinanced their mortgage in 2007. Exactly three years later, the borrowers sent their lender and loan servicer a letter purporting to rescind the transaction. The lender and loan servicer refused to acknowledge the rescission. One ...

The Florida Third District Court of Appeal released an opinion which dramatically alters the landscape of foreclosure law in Florida. The opinion is Deutsche Bank Trust Company Americas, v. Harry Beauvais, et al., No. 3D14-575, and it rewrites much of what you thought you knew about the statute of limitations for mortgage foreclosure. Specifically, the opinion adopts an extremely narrow reading of the Fifth District Court of Appeal's ruling in Bartram v. U.S. Bank N.A., 140 So. 3d 1007 (Fla. 5th DCA 2014) and certifies conflict with the Fourth District Court of Appeal's ruling in ...

Florida's Third District Court of Appeal issued an opinion[1] today that provides further guidance in determining the date of accrual of a cause of action in a subsequent mortgage foreclosure action and addresses the nature of contractual conditions precedent to acceleration of debt. In the case of Richard Hubert Snow, et al. vs. Wells Fargo Bank, N.A., as trustee, 3D14-1547, the court affirmed the final judgment of foreclosure and rejected appellants' argument that the action was barred by the statute of limitations. Burr & Forman LLP was appellate counsel for the appellee, Wells ...

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