Mortgages, Truth in Lending Act (TILA), Statute of Limitations

Real Property, Financial Services, & Title Insurance Update: Week Ending December 6, 2019

Carlton Fields on 12/13/2019

Real Property Update - Due Process: Trial court violated developer’s due process rights by considering and ruling upon developer’s motion to quash service of process, which was not set for hearing, despite developer’s...more

Real Property & Financial Services Update: Week Ending July 5, 2019

Carlton Fields on 7/25/2019

Real Property Update- Landlord-Tenant: rider to a lease, containing clear and unambiguous language, controlled over the terms in the lease and limited the increase in the operating expenses charged to the tenant by the...more

Real Property, Financial Services, & Title Insurance Update: Week Ending June 28, 2019

Carlton Fields on 7/8/2019

Real Property Update - Foreclosure / Res Judicata: res judicata did not apply where later foreclosure action was based on different period of default than the prior action on same loan - Bullock v. Bayview Loan Servicing,...more

In a Case of First Impression, the Ninth Circuit Begins to Unravel the Mystery of When a Claim to Enforce a Rescission Request...

BCLP on 2/5/2019

An action by a Washington state borrower to enforce a request for rescission of a loan under the Truth in Lending Act (TILA) is analogous to an action to enforce a contract and must be brought within the Washington state...more

Rescission Requests under TILA

BCLP on 1/7/2019

In a case of first impression, the Ninth Circuit begins to unravel the mystery of when a claim to enforce a rescission request under the Truth in Lending Act (TILA) may be time-barred. An action by a Washington state borrower...more

Real Property, Financial Services, & Title Insurance Update: Weeks Ending March 9 & 16, 2018

Carlton Fields on 3/23/2018

REAL PROPERTY UPDATE - Condition Precedent: trial court properly rejected motion to dismiss for failure to satisfy condition precedent of pre-litigation non-binding arbitration, required by Chapter 718, Florida Statutes,...more

Real Property, Financial Services, & Title Insurance Update: Week Ending January 12, 2018

Carlton Fields on 1/25/2018

REAL PROPERTY UPDATE - Standing/Foreclosure: pursuant to Florida Rule of Procedure 1.260, the assignee of a note during pendency of a foreclosure acquires standing of original plaintiff lender - Spicer v Ocwen Loan...more

Real Property, Financial Services, & Title Insurance Update: Weeks Ending November 17 & 24, 2017

Carlton Fields on 12/1/2017

REAL PROPERTY UPDATE - Receiver/Barton Doctrine: individual could not bring negligence action against discharged receiver of commercial property until individual first obtained leave to do so from the court that appointed...more

Real Property & Title Insurance Update: Week Ending August 18 & 25, 2017

Carlton Fields on 9/1/2017

Foreclosure: general reservation of jurisdiction in a foreclosure judgment is very limited, and certainly does not give trial court jurisdiction to eliminate a lien more than three years after Final Judgment of Foreclosure...more

What the PHH decision means for the CFPB’s UDAAP authority

Ballard Spahr LLP on 11/4/2016

In addition to its implications for CFPB rulemaking, the D.C. Circuit’s decision in PHH Corporation v. CFPB has significant implications for the CFPB’s authority to enforce federal consumer financial protection laws as well...more

Truth-In-Lending Act Rescission Part I: Why The U.S. Supreme Court’s Jesinoski Opinion Does Not Defeat The Statute of Limitations

Buchalter on 8/15/2016

Before the United States Supreme Court opinion in Jesinoski v. Countrywide Home Loans, Inc. (2015) __ U.S. __, 135 S.Ct. 790, the law in the Ninth Circuit was that a borrower who sought to exercise a conditional right of...more

Jesinoski Update: TILA Rescission in a Post-Jesinoski World

Dorsey & Whitney LLP on 2/8/2016

A little over one year ago, the U.S. Supreme Court issued its ruling in Jesinoski v. Countrywide Home Loans, Inc., 135 S. Ct. 790 (2015), which resolved a circuit court spit regarding how a mortgage borrower may exercise the...more

Dodd-Frank News: April 2015: Dodd-Frank Wall Street Reform and Consumer Protection Act Update

Burr & Forman on 4/22/2015

The Dodd-Frank Wall Street Reform and Consumer Protection Act was enacted as a measure to promote financial stability and protection for consumers through increased regulation of nearly every aspect of the consumer finance...more

Supreme Court Issues Significant Decision Interpreting Truth In Lending Act

Stinson LLP on 2/5/2015

In a unanimous decision issued on January 13, the Supreme Court held that a borrower exercises its right to rescind under Section 1635 of the Truth In Lending Act (TILA), simply by notifying its creditor of its intent to...more

Rescission of Home Mortgage Loans

Sherman & Howard L.L.C. on 1/30/2015

The Truth-in-Lending Act (“Act”) was adopted in 1969. It has spawned dozens of lawsuits and hundreds of administrative rules and interpretations. Recently, the United States Supreme Court had an opportunity to address the...more

Borrowers Need Not File Suit to Rescind Mortgage Loan Under TILA, U.S. Supreme Court Holds

Manatt, Phelps & Phillips, LLP on 1/30/2015

Why it matters - In a victory for consumers, the U.S. Supreme Court unanimously ruled that the Truth in Lending Act (TILA) does not require borrowers to file suit to rescind a mortgage loan transaction within the...more

Supreme Court Rules Written Notice Is Sufficient to Rescind under TILA

Blank Rome LLP on 1/29/2015

Action Item: In light of the United States Supreme Court’s decision in Jesinoski, lenders should be aware that written notice provided by the borrower, within three years of the loan consummation, is sufficient to exercise...more

Supreme Court Eases Requirements for Homeowners Rescinding Mortgages

Bilzin Sumberg on 1/26/2015

The U.S. Supreme Court recently held in Jesinoski v. Countrywide Home Loans, Inc. that borrowers exercising their right to rescind mortgages under the Truth in Lending Act (“TILA”) only need to provide written notice to...more

No Lawsuit Required to Rescind: U.S. Supreme Court Clarifies Mortgage Rescission Notification Requirements for Borrowers under...

Bradley Arant Boult Cummings LLP on 1/22/2015

Background of Notice versus Lawsuit Issue - The Truth in Lending Act (“TILA”), as implemented by Regulation Z, provides borrowers with a powerful tool: the right to rescind certain mortgage loan transactions. This...more

High Court Clarifies TILA Rescission Procedure

Miller & Martin PLLC on 1/21/2015

In Jesinoski v. Countrywide Home Loans, et al. (No. 13-684), the U.S. Supreme Court has eased the process by which a borrower may seek to walk away from his home mortgages, holding that the borrower, in order to avail himself...more

Supreme Court Unanimously Resolves Circuit Split Regarding Notice Requirement for Truth in Lending Act Right of Rescission

Snell & Wilmer on 1/16/2015

In Jesinoski v. Countrywide Home Loans, Inc., decided January 13, 2015, the United States Supreme Court resolved a circuit split and clarified that borrowers need not file a complaint in order to invoke their right to rescind...more

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