Category Archives: TILA

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Eleventh Circuit Refuses to Extend Scope of Assignee TILA Liability to Failure to Provide Payoff Balance

Ruling on an issue of first impression at the Circuit Court level, the Eleventh Circuit recently refused in Evanto v. Federal National Mortgage Association to impose Federal Truth in Lending Act (TILA) liability on assignees for a servicer’s alleged failure to provide a requested payoff balance to a borrower. In the post Dodd-Frank world, a … Continue Reading

TILA Notice Requirement Not Retroactive: Ninth Circuit

The Ninth Circuit Court of Appeals recently ruled that a 2009 amendment to the Truth in Lending Act (TILA) does not apply retroactively. In a putative class action, Plaintiffs Mohammad and Rosa Talaie brought a claim under § 1641(g) of TILA, which requires a creditor to notify borrowers within 30 days of a transfer or … Continue Reading