United States Third Circuit

In an action involving mortgages and the Truth in Lending Act, district court's judgment is affirmed where: 1) the plain language of the Act does not support plaintiff's claim that the whole title insurance fee, rather than just the overcharge, should have been counted toward the tolerance; 2) the district court properly found that plaintiff timely received the necessary pre-closing documents under the Act's regulations; and 3) the award of attorney's fees to plaintiff was not an abuse of discretion.

Appellate Information

• Argued 01/07/2009
• Decided 03/20/2009
• Published 03/20/2009

Judges

• Before:  FUENTES, FISHER, and ALDISERT, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• David A. Scholl, Esq. (Argued), Regional Bankruptcy Center of Southeastern PA, Newtown Square, PA, for Appellant.


• For Appellees:
  
• Sandhya M. Feltes, Esq. (Argued), Kaplin, Stewart, Meloff, Reiter & Stein, Blue Bell, PA, for Appellee Fremont Investment & Loan Co., Ann E. Walters, Esq. (Argued), Shimberg & Friel, Cherry Hill, NJ, for Appellee America's Servicing Co.