· 9/29/2006
Vernon Handy, Administrator of the Estate of Geneva H. Handy v. Anchor Mortgage Corporation and Countrywide Home Loans, Inc.
Citations
- 464 F.3d 760
- 2006 U.S. App. LEXIS 24639
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that where a lender provided a borrower with a correct disclosure but also provided the borrower with an incorrect form, the disclosure was unclear
- stating that “TILA does not easily forgive ‘technical’ errors’ ”
- “Given the statute, [Defendant] forfeits its right to collect interest, and so it must reimburse [Plaintiff] for any interest paid while the loan was outstanding”
- strictly construing requirements regarding notice of right to rescind and finding that defendant's simultaneous provision of two forms did not clearly and conspicuously disclose the effect of rescission
- strictly construing requirements regarding notice of right to rescind and finding that defendant’s simultaneous provision of two forms did not clearly and conspicuously disclose the effect of rescission
- applying §§ 1635(a) and 1640
Source: CourtListener parenthetical corpus (CC0).
Judges: Bauer, Wood, Sykes
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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