Paiva

Paiva v. Countrywide Home Loans, Inc.

Good Law
52 F. App'x 371
United States Court of Appeals for the Ninth CircuitDecember 9, 2002No. 01-16423; D.C. No. CV-00-00130-SOMCalifornia336 words

Opinion

Lead Opinion

MEMORANDUM **

Agnes and Anthony Paiva appeal the summary judgment entered in favor of *372 Countrywide Home Loans, Inc. and the district court’s refusal to reconsider that ruling. The Paivas argue that the district court failed to review the evidence that Countrywide submitted which would, they contend, have shown a triable issue of fact as to whether each had received the number of copies of the Notice of Right to Cancel required by the Truth in Lending Act, 15 U.S.C. § 1635 , 12 C.F.R. § 226.23 (b)(1), whether there were mistakes in the financial disclosures, and whether they prematurely waived their right to rescind. We affirm.

Countrywide’s motion for summary judgment was well-supported. The Pavías filed no opposition. Countrywide’s evidence showed that the Pavías had acknowledged in writing that each had received two copies of the Notice of Right to Cancel and that they had signed the waiver of their right to rescind. They pointed to no evidence that they signed the waiver of their right to rescind on originals. No errors in the interest calculation, if any, were called to the district court’s attention. In these circumstances, the district court appropriately found that…

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