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MELFI v. WMC MORTGAGE CORP.

No. 09-1066.

568 F.3d 309 (2009)

Joseph MELFI, Plaintiff, Appellant, v. WMC MORTGAGE CORPORATION, Series 2006-WMCZ under the pooling and servicing agreement without recourse; Morgan Stanley ABS Capital 1 Inc., Asset Backed Pass Through Certificates; Deutsche Bank National Trust Company, N.A., as Trustee of Morgan Stanley ABS Capital 1 Inc.; Wells Fargo Bank, N.A.; Does 1-5, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided June 11, 2009.

Attorney(s) appearing for the Case

Christopher M. Lefebvre with whom Claude F. Lefebvre and Christopher M. Lefebvre, P.C. were on brief for appellant.

Jeffrey S. Patterson with whom David E. Fialkow and Nelson Mullins Riley & Scarborough, LLP were on brief for appellees Deutsche Bank National Trust Company, N.A. and Wells Fargo Bank, N.A.

Before BOUDIN, HANSEN, and LIPEZ, Circuit Judges.

BOUDIN, Circuit Judge.

In April 2006, Joseph Melfi refinanced his home mortgage with WMC Mortgage Corporation ("WMC"). At the closing, Melfi received from WMC a notice of his right to rescind the transaction. The notice is required for such a transaction by the Truth in Lending Act ("TILA"), 15 U.S.C. § 1635(a) (2006). Assuming that the notice complies with TILA, a borrower is given three "business days" to rescind the transaction; otherwise, the period is much...

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