Here's Why A Court Asked Two Plaintiffs Not to 'Slay the Slain'
Two homeowners who felt misled on a mortgage refinance sued the three companies involved — even after getting what they wanted.
September 13, 2017 at 11:00 AM
4 minute read
They already had what they wanted, yet two homeowners who felt misled during a mortgage refinance brought suit against three financial firms, prompting an appellate panel to suggest they shouldn't “beat a dead horse.”
Plaintiffs John and Nancy Bennett's truth-in-lending lawsuit withered before this question from a state appellate panel: Why allow a federal cause of action over a clerical error the lender corrected months before the couple filed suit?
The Bennetts received everything they asked other than attorney fees by October 2012, Judge Robert J. Luck wrote for the Third District Court of Appeal. “There was no need to slay the slain,” he added
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