Legal Opinion

Lucien v. Federal National Mortgage Ass'n

District Court, S.D. Florida

Decided May 23, 2014No. Case No. 13-CV-62399PublishedCited by 4 opinions

1Opinion of the Court

ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS

PAUL C. HUCK, District Judge.

Once again, a borrower facing foreclosure has invoked technical requirements under the Truth in Lending Act (“TILA”) against her lender, and once again this Court is called upon to construe TILA’s confusing and often conflicting statutory *1381scheme, which has resulted in fractured decisions in this district. Despite the questionable nature of this suit, which seeks damages and attorneys’ fees for a failure to provide loan payoff information that is now moot, the Court finds that TILA does provide for…

2Cases cited12 opinions

  1. Alexander v. SandovalSupreme Court of the United States · 2001
  2. Ellis v. General Motors Acceptance Corp.Court of Appeals for the Eleventh Circuit · 1998
  3. Vincent v. The Money StoreCourt of Appeals for the Second Circuit · 2013
  4. National Ass'n of Mortgage Brokers v. Board of Governors of the Federal Reserve SystemDistrict Court, District of Columbia · 2011
  5. Khan v. Bank of New York MellonDistrict Court, S.D. Florida · 2012

7 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Hudgins v. Seterus, Inc.District Court, S.D. Florida · 2016
  2. Manrique v. Wells Fargo Bank N.A.District Court, S.D. Florida · 2015
  3. CRUM v. SN SERVICING CORPORATIONDistrict Court, S.D. Indiana · 2020
  4. Roman Magac v. Select Portfolio Servicing, Inc.; Bank of America, N.A.; Mortgage Electronic Registration Systems, Inc.; U.S. Bank N.A.; and Does 1-10District Court, D. Oregon · 2026

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