Matthew Dwoskin v. Bank of America, N.A.

WILKINSON, Circuit Judge:

Plaintiffs brought suit against the defendant Bank of America under the Homeowners Protection Act. They claimed that the bank failed to make certain required disclosures in connection with their residential mortgage loans. The statute is clear, however, that these mortgage insurance disclosures are mandated only if lender-paid mortgage insurance is a condition of obtaining a loan. See 12 U.S.C. § 4905 (c). Because no such conditions applied to the plaintiffs' loans, nondisclosure was not a Homeowners Protection Act violation.

I

Each plaintiff in this case obtained a…