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

Paid petition · United States Court of Appeals for the Third Circuit, No. 23-1860 · judgment October 16, 2023


Certiorari denied · February 20, 2024
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

INTRODUCTION On July 21, 2010, the Dodd-Frank Wall Street Re­ form and Consumer Protection Act (Dodd-Frank Act) was signed into law that directed the Consumer Finan­ cial 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 Regu­ lation 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 man­ dated 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Inc., favor and against the Petitioner under TILA and Reg­ ulation Z, and RESPA and Regulation X that became old, outdated, and obsolete as of October 3, 2015.

Counsel of record

For petitioner
Brigitte Nelson

For respondent
Michael V. Gazza
Law Office of Michael V. Gazza

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 20 2024
    Petition DENIED.
  2. Jan 31 2024
    DISTRIBUTED for Conference of 2/16/2024.
  3. Jan 18 2024
    Waiver of right of respondent Classic Quality Homes to respond filed.
  4. Jan 16 2024
    Waiver of right of respondent Acre Mortgage & Financial, Inc. to respond filed.
  5. Dec 28 2023
    Petition for a writ of certiorari filed. (Response due February 2, 2024)