Legal Opinion
Mitchell v. Beneficial Loan & Thrift Co.
Court of Appeals for the Eighth Circuit
Decided September 6, 2006No. 05-3068PublishedCited by 2 opinions
1Per curiam
The district court 1 granted summary judgment to Beneficial Loan & Thrift Company. Ty S. Mitchell and Kimberly S. Mitchell appealed the issue whether a loan transaction is subject to the Home Ownership and Equity Protection Act (HOEPA). This court affirmed on June 21, 2006. The Mitchells petitioned for rehearing, arguing that some amounts financed were not disbursed, making them “points and fees” under HOEPA. This court grants the petition for rehearing, vacates the prior opinion, and files this opinion affirming the district court.
The Mitchells assert that Beneficial violated HOEPA. HOEPA,…
2Cases cited5 opinions
- Gibson v. Bob Watson Chevrolet-Geo, Inc.Court of Appeals for the Seventh Circuit · 1997
- Correy Peters, on Behalf of Himself and All Others Similarly Situated v. Jim Lupient Oldsmobile Co., a Minnesota CorporationCourt of Appeals for the Eighth Circuit · 2000
- Kellena Cornist and David Jones v. B.J.T. Auto Sales, Inc. B.J.T. Finance, Inc. James Hadley Bill R. Hatcher Thomas TepeCourt of Appeals for the Sixth Circuit · 2001
- Rachel Alston v. Crown Auto, IncorporatedCourt of Appeals for the Fourth Circuit · 2000
- Timothy Gibson v. Ltd, Incorporated, Timothy Gibson v. Ltd, IncorporatedCourt of Appeals for the Fourth Circuit · 2006
3Cited by2 opinions
- Michael D. v. GMAC Mortgage, LLCDistrict Court, W.D. Missouri · 2011
- Ty S. Mitchell v. Beneficial Loan & Thrift CompanyCourt of Appeals for the Eighth Circuit · 2006