William T. Clark, III v. Troy and Nichols, Inc. And Residential Funding Corporation, Defendants

GEE, Circuit Judge:

The Facts

William Clark, the plaintiff/appellant, was seeking financing in order to purchase a residence. Troy & Nichols, the defendant/appellee, [T & N] provided Clark with a flyer advertising a special, fixed-rate mortgage to buyers with a substantial down payment or equity. The flyer stated that under the special mortgage program (EA-SYDOCS) tax returns and employment and income verification were not required, debt to income analysis was not required, and verification of loans not shown on the credit report was not required. The flyer further advertised that such loans…