Legal Opinion
Melfi v. WMC Mortgage Corp.
Court of Appeals for the First Circuit
Decided June 11, 2009No. 09-1066PublishedCited by 10 opinions
1Opinion of the Court
BOUDIN, Circuit Judge.
In April 2006, Joseph Melfi refinanced his home mortgage with WMC Mortgage Corporation (“WMC”). At the closing, Melfi received from WMC a notice of his right to rescind the transaction. The notice is required for such a transaction by the Truth in Lending Act (“TILA”), 15 U.S.C. § 1635(a) (2006). Assuming that the notice complies with TILA, a borrower is given three “business days” to rescind the transaction; otherwise, the period is much longer. Id. The question in this case is whether the notice given Melfi adequately complied.
The three-day period aims “to give the…
2Cases cited11 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Palmer v. Champion MortgageCourt of Appeals for the First Circuit · 2006
- Banco Santander De Puerto Rico v. Lopez-StubbeCourt of Appeals for the First Circuit · 2003
- Andrew Robinson International, Inc. v. Hartford Fire InsuranceCourt of Appeals for the First Circuit · 2008
- McKenna v. First Horizon Home Loan Corp.Court of Appeals for the First Circuit · 2007
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- DiVittorio v. HSBC Bank USA, NA (In re DiVittorio)Court of Appeals for the First Circuit · 2012
- Kelly v. DEUTSCHE BANK NAT. TRUST CO.District Court, D. Massachusetts · 2011
- Smith v. JenkinsDistrict Court, D. Massachusetts · 2010
- Cromwell v. Countrywide Home Loans, Inc. (In Re Cromwell)United States Bankruptcy Court, D. Massachusetts · 2011
- Fuller v. Deutsche Bank National Trust Co. Ex Rel. CDC Mortgage Capital Trust 2003-HE4 (In Re Fuller)Court of Appeals for the First Circuit · 2011
5 more not listed; retrieve them via the Exa API.