Marr v. Bank of America

Dist. Ct. erred in granting defendant's motion for summary judgment in action alleging that defendant violated provisions of Truth-in-Lending Act by providing plaintiff with only one copy of notice of plaintiff's 3-day right to rescind loan instead of required two copies of said notice. While plaintiff signed sheet acknowledging receipt of both copies, said acknowledgement constituted only rebuttable presumption of delivery, which plaintiff overcame for purposes of summary judgment by alleging that: (1) his stack of materials from loan closing included only one copy of said notice; (2) said stack of materials was undisturbed following loan closing; and (3) his recollection of what occurred at loan closing differed from procedure described by defendant's representative. Fact that plaintiff's stack of loan closing materials contained documents that post-dated instant loan closing did not require different result.