Legal Opinion
Thomas W. McCarthy v. Option One Mortgage Corporation and Bnc Mortgage, Inc.
Court of Appeals for the Seventh Circuit
Decided May 7, 2004No. 03-3474PublishedCited by 26 opinions
1Opinion of the Court
FLAUM, Chief Judge.
Plaintiff Thomas McCarthy sued BNC Mortgage, Inc. (“BNC”), his former mortgage lender, and BNC’s servicer, Option One Mortgage Corporation (“Option One”), alleging that they violated the Illinois Interest Act, 815 ILCS 205/4; et seq., by assessing him a prepayment penalty when he paid off his mortgage early. The district court denied McCarthy’s motion for summary judgment and granted summary judgment to the defendants on the basis that the Alternative Mortgage Transaction Parity Act, 12 U.S.C. §§ 3801, et seq. (“Parity Act”), preempts the Illinois Interest Act. For the…
2Cases cited6 opinions
- David Sherrod v. Darlene Lingle, R.N. Mary Geiger, R.N. Betty Lorance, R.N. C.P. Ramaswamy, M.D. Rajendra Shroff, M.D. Franklin Hospital DistrictCourt of Appeals for the Seventh Circuit · 2000
- Dudley J. Godfrey, Jr. And Constance P. Godfrey v. United StatesCourt of Appeals for the Seventh Circuit · 1993
- National Home Equity Mortgage Ass'n v. FaceCourt of Appeals for the Fourth Circuit · 2001
- Illinois Association of Mortgage Brokers v. Office of Banks and Real Estate and William A. DarrCourt of Appeals for the Seventh Circuit · 2002
- Leffler v. MeerCourt of Appeals for the Seventh Circuit · 1995
1 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Thomas P. Davis and Cathy M. Davis v. G.N. Mortgage Corporation and Countrywide Home Loans, Inc.Court of Appeals for the Seventh Circuit · 2005
- Kathleen Semien v. Life Insurance Company of North America, a Cigna Company, and Bp Long Term Disability (Ltd) PlanCourt of Appeals for the Seventh Circuit · 2006
- McCutcheon v. America's Servicing Co.Court of Appeals for the Third Circuit · 2009
- Commonwealth Insurance Company v. Titan Tire Corporation v. Pirelli Tire, Llc, Formerly Known as Pirelli Tire Corporation, Formerly Known as Pirelli Armstrong Tire CorporationCourt of Appeals for the Seventh Circuit · 2004
- Central States, Southeast & Southwest Areas Pension Fund v. Waste Management of Michigan, Inc.Court of Appeals for the Seventh Circuit · 2012
21 more not listed; retrieve them via the Exa API.