Larry Meyer Virginia Badalamente Meyer v. Ameriquest Mortgage Company, a Delaware Corporation

ORDER

The opinion filed on June 9, 2003 is amended as follows:

At slip op. p. 7821, insert the following before the last paragraph beginning with “For the foregoing reason ...

The Meyers also drew our attention to Semar v. Platte Valley Fed. Sav. & Loan Ass’n, 791 F.2d 699 (9th Cir.1986). On July 16, 1982, the Semars borrowed on their house and received the TiLA notices. Id. at 704 . On February 15, 1984, they sent a notice of rescission. Id. at 702 . In October 1984, they entered bankruptcy and their home was sold early in 1985 and the proceeds paid into an escrow account by court order.

With this amendment, the panel has voted unanimously to deny the petition for rehearing. Judges McKeown and Rawlinson have voted to deny the petition for rehearing en banc and Judge Noonan recommended denying the petition for rehearing en banc.

The full court has been advised of the petition for rehearing en banc, and no active judge has requested a vote whether to rehear the matter en banc. Fed. R.App. P. 35.

The petition for rehearing is DENIED and the petition for rehearing en banc is DENIED.

OPINION

Larry and Virginia Badalamente Meyer (the Meyers) appeal the judgment of the district…