CONSUMER LAW: TRUTH IN LENDING ACT (TILA): FAILURE OF RETAIL INSTALLMENT SALES CONTRACT TO INDICATE THAT SALE OF VEHICLE WAS CONTINGENT ON BUYER’S RECEIPT OF FINANCING: FLORIDA MOTOR VEHICLE RETAIL SALES FINANCE ACT (FMVRSFA) DOES NOT PROVIDE FOR MONETARY AWARD AS A PENALTY IF NO ACTUAL DAMAGES HAVE BEEN INCURRED

Bengal Motor Company, Ltd. v. Cuello, ___ So. 3d ___, 38 Fla. L. Weekly D1088 (Fla. 3d DCA May 15, 2013)

The plaintiff sought to purchase a motor vehicle from the defendant, a dealer.  She signed a Retail Buyer’s Order (RBO), which provided that the sale was contingent on the buyer’s ability to obtain financing; a Retail Sales Installment Contract Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGES: RESCISSION: FEDERAL TRUTH IN LENDING ACT: FEDERAL HOME OWNERSHIP AND EQUITY PROTECTION ACT: FLORIDA FAIR LENDING ACT; APPEALS: JURISDICTION: PENDING COUNTERCLAIM

Platt v. Miller, ___ So. 3d ___, 38 Fla. L. Weekly D990 (Fla. 5th DCA May 3, 2013)

The plaintiffs filed an action to declare that the defendant’s mortgage on their home was subject to rescission based upon violations of the Federal Truth In Lending Act, the Federal Home Ownership and Equity Protection Act, and the Florida Fair Lending Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: AFFIRMATIVE DEFENSES: STANDING: UNDATED ALONGE: ASSIGNMENT OF MORTGAGE WITH EFFECTIVE DATE PRIOR TO EXECUTION DATE: EQUITABLE ESTOPPEL: FRAUD: OVERSTATEMENT OF INCOME IN MORTGAGE APPLICATION: UNCLEAN HANDS: APPLICANTS’ KNOWLEDGE OF FALSITY: ORAL MISREPRESENTATION CONTRADICTED BY SUBSEQUENT WRITTEN CONTRACT: VIOLATION OF TRUTH IN LENDING ACT (TILA) REGULATIONS: STATUTE OF LIMITATIONS: RECOUPMENT; CIVIL PROCEDURE: SUMMARY JUDGMENT: TWENTY DAY SAFE HARBOR PROVISION: WAIVER

Vidal v. Liquidation Properties, Inc., ___ So. 3d ___, 38 Fla. L. Weekly D116 (Fla. 4th DCA January 9, 2013)

The appellate court reversed summary final judgment of foreclosure for the plaintiff based upon the defendants’ affirmative defenses of lack of standing and violations of the Truth In Lending Act (TILA).  The plaintiff, who was not the original mortgage … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGES: CONSUMER LAW: TRUTH IN LENDING ACT; CIVIL PROCEDURE: CONDUCTING HEARING ON MOTION FOR SUMMARY JUDGMENT IMMEDIATELY AFTER REINSTATING DISMISSED ACTION: RIPENESS: AFFIRMATIVE DEFENSES

Watts v. Beneficial Florida, Inc., ___ So. 3d ___, 37 Fla. L. Weekly D1589 (Fla. 4th DCA July 5, 2012)

The plaintiffs obtained a mortgage loan from the defendant.  After the closing, the defendant provided the plaintiffs with a corrected disclosure and notice of right to cancel under the Truth In Lending Act.  The plaintiffs elected to cancel, but … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: DEFENSES: TRUTH IN LENDING ACT (TILA): CREDITOR: ORIGINATOR OF LOAN: STATUTE OF LIMITATIONS: RECOUPMENT OR SETOFF

Martinec v. Early Bird International, Inc., ___ So. 3d ___, 37 Fla. L. Weekly D1340 (Fla. 4th DCA June 6, 2012)

The trial court ruled that the defendant in an action to foreclose upon her mortgage could not raise defenses under the federal Truth In Lending Act (TILA) because the plaintiff did not qualify as a creditor under TILA … Click To Read Full Case Law Review...