No. 23-710

Brigitte Nelson v. Acre Mortgage & Financial Inc., et al.

Lower Court: Third Circuit
Docketed: 2024-01-03
Status: Denied
Type: Paid
Response Waived
Tags: civil-procedure consumer-protection dodd-frank-act federal-regulation judicial-review mortgage-disclosure regulatory-compliance respa tila tila-respa
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2024-02-16
Question Presented (AI Summary)

Whether the Third Circuit's Judgment incorrectly affirmed the Jury Verdict and the District Court Judgment

Question Presented (OCR Extract)

QUESTIONS PRESENTED INTRODUCTION On July 21, 2010, the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) was signed into law that directed the Consumer Financial Protection Bureau (CFPB) to combine and amend mortgage disclosure forms and rules under the Truth in Lending Act (TILA) and Regulation Z, and the Real . Estate Settlement Procedures Act (RESPA) and Regulation X into two new federal forms under TILA and Regulation Z: the H24(A) Mortgage Loan Transaction Loan Estimate 12 CFR § 1026.37, and the H25(A) Mortgage Loan Transaction Closing Disclosure 12 CFR § 1026.38. These two federal forms were mandated for all applications received on or after October 3, 2015. QUESTIONS 1. Whether the Third Circuit’s Judgment entered on October 16, 2023 incorrectly affirmed the Jury Verdict and the District Court Judgment entered on April 7, 2023. 2. Whether the Jury Verdict and the District Court’s Judgment entered on April 7, 2023 incorrectly applied the law when granting Acre Mortgage & Financial Inc., . favor and against the Petitioner under TILA and Regulation Z, and RESPA and Regulation X that became old, outdated, and obsolete as of October 3, 2015. ii QUESTIONS PRESENTED — Continued 8. Whether the District Court incorrectly applied the law when granting favor to Classic Quality Homes and against the Petitioner under the Pennsylvania Unfair Trade Practices and Consumer Practice Law. 4. Whether Acre and Classic were mandated to comply with the TILA-RESPA Integrated Disclosure (TRID) rule to create a valid and enforceable mortgage loan application on or after October 3, 2015. 5. Whether the Court of Common Pleas of Monroe County 48rd Judicial District Commonwealth of Pennsylvania incorrectly affirmed the District Court’s Judgment entered on April 7, 2023 when granting SERVBANK’s Motion for Summary Judgment and against the Petitioner entered on December 7, 2023. ili LIST OF ALL

Docket Entries

2024-02-20
Petition DENIED.
2024-01-31
DISTRIBUTED for Conference of 2/16/2024.
2024-01-18
Waiver of right of respondent Classic Quality Homes to respond filed.
2024-01-16
Waiver of right of respondent Acre Mortgage & Financial, Inc. to respond filed.
2023-12-28

Attorneys

Acre Mortgage & Financial, Inc.
Douglas Keith RosenblumPietragallo Gordon Alfano Bosick & Raspanti, LLP, Respondent
Douglas Keith RosenblumPietragallo Gordon Alfano Bosick & Raspanti, LLP, Respondent
Brigitte Nelson
Brigitte Nelson — Petitioner
Brigitte Nelson — Petitioner
Classic Quality Homes
Michael V. GazzaLaw Office of Michael V. Gazza, Respondent
Michael V. GazzaLaw Office of Michael V. Gazza, Respondent