United States First Circuit

In a suit under the federal Truth in Lending Act seeking rescission of home loans and damages based on defendant's alleged failure to provide plaintiffs sufficient notice of their rescission rights, dismissal is affirmed over plaintiff's arguments that: 1) defendant failed to comply with the TILA's disclosure requirements because it gave plaintiffs a form patterned on Model Form H-8, which is designed for general transactions, rather than one patterned on Model Form H-9, which is designed for same-lender refinancing transactions; and 2) the form defendant used was misleading because it did not adequately explain the effects of rescinding a same-lender refinancing loan, as opposed to an original loan.

Appellate Information

• Decided 04/19/2007
• Published 04/19/2007

Judges

• STAHL, Senior Circuit Judge., Before SELYA, Circuit Judge, STAHL, Senior Circuit Judge, and HOWARD, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Gary E. Klein, with whom Gillian Feiner, Roddy, Klein & Ryan, Juan M. Suarez Cobo, and Suarez Cobo Law Offices, PSC were on brief, for appellants.


• For Appellees:
  
• Nestor M. Mendez-Gomez, with whom Heidi Rodriguez, Carlos C. Alsina-Batista, and Pietrantoni, Mendez & Alvarez LLP were on brief, for appellees.