Legal Opinion
Melvin T. Yamamoto Elaine S. Yamamoto Maxine H. Tampon v. Bank of New York Bnc Mortgage U.S. Financial Corporation
Court of Appeals for the Ninth Circuit
Decided May 29, 2003No. 01-16427PublishedCited by 107 opinions
1Opinion of the Court
RYMER, Circuit Judge:
This appeal requires us to decide whether a court may order borrowers who seek recission of a mortgage under the Truth in Lending Act (TILA), 15 U.S.C. § 1635, to show that proceeds can be tendered if they prevail. Here, the borrowers testified that they could not fulfill TILA’s tender requirement, and the district court gave them sixty days before dismissing their recission claim to attempt to do so. When they were unable to provide evidence that they could tender the proceeds, the court granted summary judgment in favor of the lender. We hold that a district court has…
2Cases cited16 opinions
- Leslie Kohler,plaintiff-Appellant v. Inter-Tel Technologies,defendant-AppelleeCourt of Appeals for the Ninth Circuit · 2001
- Eugene Roosevelt Powers and Lila Virginia Powers v. Sims and LevinCourt of Appeals for the Fourth Circuit · 1976
- Austin C. Palmer and Helen M. Palmer, Husband and Wife v. Gladys S. WilsonCourt of Appeals for the Ninth Circuit · 1974
- James A. Rudisell v. The Fifth Third BankCourt of Appeals for the Third Circuit · 1980
- Large v. Conseco Finance Servicing Corp.Court of Appeals for the First Circuit · 2002
11 more not listed; retrieve them via the Exa API.
3Cited by107 opinions
- US Bank National Ass'n v. GuillaumeSupreme Court of New Jersey · 2012
- Sanders v. Mountain America Federal Credit UnionCourt of Appeals for the Tenth Circuit · 2012
- Vien-Phuong Thi Ho v. ReconTrust Co.Court of Appeals for the Ninth Circuit · 2016
- Commissioner of Internal Revenue v. Gwendolyn A. Ewing, Gwendolyn A. Ewing v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 2006
- Rosenfield v. HSBC Bank, USACourt of Appeals for the Tenth Circuit · 2012
102 more not listed; retrieve them via the Exa API.