· 9/5/2003
Larry Meyer Virginia Badalamente Meyer v. Ameriquest Mortgage Company, a Delaware Corporation
Citations
- 342 F.3d 899
- 2003 U.S. App. LEXIS 18401
- 2003 WL 22059840
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding, for the purpose of statutory damages under § 1640(e), that “[t]he failure to make the required disclosures occurred, if at all, at the time the loan documents were signed”
- noting that “[t]here is some debate on whether the period of 18 limitations [under 15 U.S.C. § 1640(e)] commences on the date the credit contract is executed or at 19 the time the plaintiff discovered, or should have discovered, the acts constituting the violation”
- refusing to apply equitable tolling to TILA claim because the plaintiff was in full possession of all loan documents and did not allege any concealment of loan documents or other action that would have prevented discovery of the alleged TILA violations
- rejecting argument for equitable tolling of a TILA claim because the plaintiff was in full possession of all loan documents and did not allege any actions that would have prevented discovery of the alleged TILA violations
- the statute of limitations for a TILA claim begins to run “at the time the loan documents were signed”
- borrowers had all 22 the information they needed to discover their TILA claim at the 23 13 24 (...continued
Source: CourtListener parenthetical corpus (CC0).
Judges: Noonan, McKeown, Rawlinson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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