• Mortgages: mortgage on plaintiff's property was not invalidated where broker collected a loan origination fee without a mortgage broker agreement in violation of Fla. Stat. 494.0038; plaintiffs could not rescind their mortgage for broker's failure to sign required TILA disclosures because (1) the mortgage was not secured by plaintiff's principal dwelling, and (2) the action for rescission was not brought within three years of the consummation of the mortgage - Pounds v. Countrywide Home Loans, Inc., No. 12-60692-CIV (S.D. Fla. Sept. 19, 2012) (order granting defendants' motion to dismiss)
  • Unjust Enrichment: claim for unjust enrichment fails where the parties do not contest that (1) a valid contract exists between the parties and (2) the dispute arises out their contractual relationship - William Ryan Homes Florida, Inc. v. Whitney National Bank, No. 8:12-cv-1575-T-33TGW (M.D. Fla. Sept. 20, 2012)
  • TILA: an assignment of mortgage to the servicer in compliance with MERS rules and Freddie Mac’s guidelines, but not of the underlying note, does not trigger 15 U.S.C. 1641(g), requiring notice of an assignment or transfer of borrower's debt, because servicer is not the new owner or assignee of the debt - Foley v. Wells Fargo Bank, N.A., Case No. 11-62314-CIV-DIMITROULEAS/SNOW (S.D. Fla. Sept. 28, 2012) (findings of fact and conclusions of law following bench trial)