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Steve Evantov.Federal National Mortgage Association

CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.15-11450
DecidedMarch 1, 2016
Reporter814 F.3d 1295
JudgesEleventh Circuit; Circuit Judges William Pryor and Dubina, and District Judge Robreno sitting by designation; William Pryor authored
Tags
CivilConsumer ProtectionContract LawStatutory InterpretationCivil ProcedureMotion to DismissFirst Impression
Case Summary

Steve Evanto sued the Federal National Mortgage Association (Fannie Mae), the assignee of his mortgage, after the loan servicer allegedly failed to provide a requested payoff balance. The Eleventh Circuit held that the Truth in Lending Act permits assignee liability only for violations apparent on the face of the mortgage disclosure statement. Because the disclosure statement is provided when credit is extended and a payoff balance is requested later, the servicer’s alleged failure could not appear on the face of that statement. The court rejected Evanto’s request to read a statutory “loophole” into the Act and affirmed dismissal of his amended complaint.

Opinion

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Steve Evanto v. Federal National Mortgage Association — The Atlanta Gleaner