August 15th, 2017
Scott Gizer and Mary Kaufman obtained summary judgment on behalf of client Sun West Mortgage Company in Causey v. Sun West Mortgage Company Inc. The MSJ victory came on Willie J. Causey Jr.’s complaint for declaratory relief and violations of the Truth in Lending Act (“TILA”). Sun West denied claims that the company had violated TILA, moving for summary judgment on the grounds that any purported failure to disclose was either not required by law or fell within the safe harbor tolerances of TILA, and that because no TILA violation occurred, Causey’s rescission demands were properly rejected. The Court agreed with Sun West and granted Sun West’s motion in its entirety. The ruling was significant in that the Court clarified that the safe harbor provisions of TILA and Regulation Z apply to both the finance charge and the amount financed, which has been an area of dispute.