ORLANDO – A homeowner alleges that several financial institutions have ignored the Truth in Lending Act and continue foreclosure proceedings on his home.
Joseph E. Altier filed a complaint on Oct. 11 in the U.S. District Court for the Middle District of Florida against
Suntrust Mortgage Inc., Suntrust Bank, Goshen Mortgage LLC, Planet Home Lending LLC, Christiana Trust and John Does 1-5 seeking an injunction.
According to the complaint, the plaintiff alleges that on Sept. 23, he had sent all defendants a notice of rescission of a loan transaction for his residential property. The suit states that the plaintiff was expecting the defendants to not perform their duties under The Truth in Lending Act by Oct. 14 and filed the suit. These duties allegedly include the return of a canceled note, file an instrument that would release any lien arising out of the canceled loan contract, and payment of all money received.
The plaintiff holds the defendants responsible because the defendants allegedly are proceeding with a non-judicial sale of the plaintiff's property despite his notice.
The plaintiff, who is representing himself, 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.
U.S. District Court for the Middle District of Florida Case number 6:16-cv-01752