Posts tagged truth-in-lending act.

On March 1, 2016, the Eleventh Circuit Court of Appeal held that the assignee of a loan cannot be liable for the failure to provide a payoff statement as required by the Truth in Lending Act, 15 USC 1639g. The case is Evanto v. Federal National Mortgage Association, No. 15-11450 and it has wide reaching implications for all legal post-origination TILA compliance issues. The case revolves around what many consumer advocates argue is a loophole in the TILA statute. The TILA statue requires creditors and assignees alike to provide a payoff statement within seven days of the borrower's ...

Three weeks ago, the U.S. Supreme Court raised eyebrows when it granted certiorari in Spokeo, Inc. v. Robins, --- S.Ct. ---, 2015 WL 1879778 (Apr. 27, 2015), where it appears the Court will decide whether a consumer has "standing" to assert a cause of action for statutory damages without having suffered actual damage. The decision to grant certiorari in Spokeo was surprising given that the Court ducked the chance to address the same issue several years ago, as discussed in our recent blog post "Will the U.S. Supreme Court Use Robins v. Spokeo to Finally Address "Standing" in the ...

Posted in: Rule 68, TCPA
A recent opinion issued by the Sixth Judicial Circuit in and for Pasco County, Florida, sitting in its appellate capacity, provides further insight regarding what constitutes a violation of section 559.72(18) of the Florida Consumer Collection Practices Act ("FCCPA"). There, appellant James A. Hurtubise sought review of a summary judgment entered against him and in favor of PNC Bank, N.A. on his claim that PNC had violated the FCCPA by communicating with him in an attempt to collect a debt despite knowing that he was represented by counsel. PNC had instituted a foreclosure action ...
Posted in: FCCPA, Florida, TILA

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") recission 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 recission. One ...

A recent decision from the Southern District of Florida concerning new provisions in the Truth in Lending Act ("TILA") added by Dodd-Frank has the potential to shake up the already turbulent case law concerning Section 1641(f)(2) TILA. Section 1641(f)(2) prohibits a loan servicer from failing to disclose the address and telephone number of the owner or master servicer of a mortgage to the borrower upon request. Foreclosure defense counsel has seized upon the statute as a means to gain leverage in foreclosure actions by sending requests for information to loan servicers and quickly ...

On October 5, 2012, the U.S. District Court for the Eastern District of Tennessee analyzed the interplay between the debt collection industry and certain provisions of the Truth-in-Lending Act ("TILA") that require "creditors" to send monthly account statements to borrowers. In King v. AllianceOne Receivables Mgmt., Inc., No. 2:12-CV-314, 2012 WL 4758220, at 2-3 (E.D. Tenn. Oct. 5, 2012), the defendant debt collector sent a collection letter on behalf of the creditor. The letter stated:

As of the date of this letter, you owe $888.45. Your account balance may be periodically ...

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