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WATKINS v. SUNTRUST MORTG., INC.

No. 10-1915.

663 F.3d 232 (2011)

Edward B. WATKINS, Plaintiff-Appellant, v. SUNTRUST MORTGAGE, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: December 14, 2011.

Attorney(s) appearing for the Case

ARGUED: Henry Woods McLaughlin, III , Law Office of Henry McLaughlin, P.C., Richmond, Virginia, for Appellant. Mark C. Shuford , Kaufman & Canoles, P.C., Richmond, Virginia, for Appellee. ON BRIEF: Matthew B. Chmiel , Kaufman & Canoles, P.C., Richmond, Virginia, for Appellee.

Affirmed by published opinion. Judge NIEMEYER wrote the majority opinion, in which Judge DIAZ joined. Judge WYNN wrote a dissenting opinion.

OPINION

NIEMEYER, Circuit Judge:

The issue presented is whether a lender violates the Truth in Lending Act, 15 U.S.C. § 1601 et seq. ("TILA"), in providing notice to a borrower who is refinancing his mortgage of the right to rescind the transaction, using a form of notice substantially similar to Model Form H-8 in the Appendix to Regulation Z, 12 C.F.R. pt. 226, rather than using Model Form H-9, which was designed for refinancing transactions.

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