Mealey's Banking & Finance - 8th Circuit Partially Vacates Ruling Awarding Summary Judgment To Lender

Mealey's Banking & Finance - 8th Circuit Partially Vacates Ruling Awarding Summary Judgment To Lender

ST. LOUIS - A federal judge in Minnesota erred in awarding summary judgment to Bank of America N.A. on a couple's counterclaim that the bank allegedly violated the Truth in Lending Act (TILA) by failing to provide them with required copies of the notice of the right to cancel, an Eighth Circuit U.S. Court of Appeals panel ruled March 21, after finding that the borrowers' testimony created a genuine issue of material fact as to whether they received the documents (Bank of America, N.A. v. Gary R. Peterson, et al., No. 12-2508, 8th Cir.; 2014 U.S. App. LEXIS 5313).

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