Legal Opinion
Watkins v. Suntrust Mortgage, Inc.
Court of Appeals for the Fourth Circuit
Decided December 14, 2011No. 10-1915PublishedCited by 20 opinions
1Opinion of the Court
Affirmed by published opinion. Judge NIEMEYER wrote the majority opinion, in which Judge DIAZ joined. Judge WYNN wrote a dissenting opinion.
OPINION
NIEMEYER, Circuit Judge:
The issue presented is whether a lender violates the Truth in Lending Act, 15 U.S.C. § 1601 et seq. (“TILA”), in providing notice to a borrower who is refinancing his mortgage of the right to rescind the transaction, using a form of notice substantially similar to Model Form H-8 in the Appendix to Regulation Z, 12 C.F.R. pt. 226, rather than using Model Form H-9, which was designed for refinancing transactions.
The district…
2Cases cited7 opinions
- Ford Motor Credit Co. v. MilhollinSupreme Court of the United States · 1980
- Mary S. Smith v. Don Chapman, D/B/A Don Chapman Motor SalesCourt of Appeals for the Fifth Circuit · 1980
- Veale v. CITIBANK, F.S.B.Court of Appeals for the Eleventh Circuit · 1996
- American Mortgage Network, Incorporated v. Michael D. Shelton Pamela SheltonCourt of Appeals for the Fourth Circuit · 2007
- Santos-Rodriguez v. Doral Mortgage Corp.Court of Appeals for the First Circuit · 2007
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Sanders v. Mountain America Federal Credit UnionCourt of Appeals for the Tenth Circuit · 2012
- Rosenfield v. HSBC Bank, USACourt of Appeals for the Tenth Circuit · 2012
- Strickland-Lucas v. Citibank, N.A.District Court, D. Maryland · 2017
- Karakus v. Wells Fargo Bank, N.A.District Court, E.D. New York · 2013
- Deutsche Bank National Trust Co. v. GardnerSuperior Court of Pennsylvania · 2015
15 more not listed; retrieve them via the Exa API.