Roger Nicklaw v. CitiMortgage, Inc.

I asked the members of this Court to rehear the panel opinion in Nicklaw v. CitiMortgage, Inc., 839 F.3d 998 (11th Cir. 2016). I dissent from the Court’s decision to let the panel’s decision stand as our precedent. Roger Nicklaw’s satisfaction of his mortgage was not recorded by Citi-Mortgage within the time limit set by New York law. The New York statutes at issue here give property owners the right to have truthful information posted about their property. The New York legislature set up this system to address the serious harms that can befall property owners when satisfaction of their…