ORLANDO – An Orange County man has filed suit against several financial institutions over allegations they have violated the Truth in Lending Act.
Ernest Michael Ellis III filed a complaint on Oct. 11 in the U.S. District Court for the Middle District of Florida against U.S. Bank NA, Caliber Home Loans Inc., Washington Mutual Bank FA, JP Morgan Chase Bank NA, LaSalle Bank NA as trustee for Washington Mutual Mortgage Pass-Through Certificates WMalt Series 2007-OA3, and John Does 1-5 seeking an injunction.
According to the complaint, the plaintiff alleges that on Aug. 16, he sent a letter of rescission of a loan to the defendants. He alleges that 21 days have passed since the notice was sent and that according to the Truth in Lending Act, the loan contract is canceled and the plaintiff should be returned the canceled note and all liens and encumbrances should be released. He alleges the defendants have filed to perform their duties as outlined by the Truth in Lending Act and are continuing to process an alleged foreclosure based upon a mortgage which is now void.
The plaintiff requests that the defendants return the canceled original note, file to release any claim of encumbrance or lien, attorney's fees, expenses and costs of this action and grant such other relief as the court may deem just and proper. He is representing himself.
U.S. District Court for the Middle District of Florida Case number 6:16-cv-01750