Legal Opinion

Bennett v. Mortgage Electronic Registration Systems, Inc.

District Court of Appeal of Florida

Decided September 6, 2017No. 3D17-0001PublishedCited by 1 opinion

1Opinion of the CourtLuck, J.

The ancient Greek playwright Sophocles asked in one of his best known dramas, Antigone, “what prowess is it to slay the slain anew?” 1 (Nowadays we would ask, “why beat a dead horse?”) Congress must have had Sophocles in mind when it drafted the truth-in-lending act. Section 1640(b) of the act shields creditors from liability if they fix disclosure errors and pay back debtors within sixty days of discovering the error. Why allow a federal cause of action where the clerical error has been timely corrected?

John and Nancy Bennett sued Mortgage Electronic Registration System, Inc., LF Loans, LF…

2Cases cited7 opinions

  1. Grove Isle Ass'n v. Grove Isle Associates, LLLPDistrict Court of Appeal of Florida · 2014
  2. Santa Rosa Cty. v. ADMIN. COM'NSupreme Court of Florida · 1995
  3. Schauer v. General Motors Acceptance Corp.District Court of Appeal of Florida · 2002
  4. Poliakoff v. National Emblem Insurance CompanyDistrict Court of Appeal of Florida · 1971
  5. Alvarez-Mejia v. Bellissimo Properties, LLCDistrict Court of Appeal of Florida · 2016

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3Cited by1 opinion

  1. Ditech Holding CorporationUnited States Bankruptcy Court, S.D. New York · 2023

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