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Richard G. Marr v. Bank of America, N.A

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ARGUED SEPTEMBER 14, 2011

Before WOOD, TINDER, and HAMILTON, Circuit Judges.

In the world of the Truth-in- Lending Act (TILA), 15 U.S.C. §§ 1601 et seq., it often seems that no detail is too insignificant to matter. We have called TILA “hypertechnical” in the past, see, e.g., Brown v. Payday Check Advance, Inc., 202 F.3d 987, 989 (7th Cir. 2000), and this case provides yet another oppor- tunity to see this level of precision in operation. The case before us involves a borrower who alleges that he did not receive all of the documents to which he was entitled when he refinanced his mortgage. If he is cor- rect, then he had not a measly three days, but a more generous three years in which to rescind the transaction. The district court ruled for the bank, but we conclude that the borrower presented enough evidence to defeat summary judgment, and so we reverse and remand for further proceedings.

 
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