May v. SunTrust Mortgage, Inc.

The Massachusetts Consumer Credit Cost Disclosure Act (MCCCDA), G. L. c. 140D, §§ 1-35, governs the rights and duties of creditors and obligors (borrowers or consumers) engaged in consumer credit transactions. One type of consumer credit transaction to which the MCCCDA applies is the refinancing of a consumer’s home where the consumer grants a mortgage to the creditor to secure the refinancing loan. *757Pursuant to S.J.C. Rule 1:03, as appearing in 382 Mass. 700 (1981), a judge in the United States Bankruptcy Court for the District of Massachusetts2 has certified the following question:

“May an…