ABUBO vs THE BANK OF NEW YORK MELLON | DC of Hawaii - Oder Denying MSJ, Genuine issues of material fact remain as to whether Countrywide complied with TILA

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ABUBO vs THE BANK OF NEW YORK MELLON | DC of Hawaii – Oder Denying MSJ, Genuine issues of material fact remain as to whether Countrywide complied with TILA

ABUBO vs THE BANK OF NEW YORK MELLON | DC of Hawaii – Oder Denying MSJ, Genuine issues of material fact remain as to whether Countrywide complied with TILA

via: Gary Dubin

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII

EDWARD YUZON ABUBO, and
SARANNE KAGEL ABUBO,
Plaintiffs,

vs.

THE BANK OF NEW YORK
MELLON; COUNTRYWIDE HOME
LOANS, INC.; MORTGAGE
ELECTRONIC REGISTRATION
SYSTEMS, INC.; BANK OF
AMERICA, N.A.; and DOES 1-50.
Defendants.

ORDER DENYING DEFENDANT BANK OF NEW YORK MELLON’S
MOTION FOR SUMMARY JUDGMENT

I. INTRODUCTION

This action is again before the court after two prior dispositive Orders.
Defendant Bank of New York Mellon (“Defendant” or “BONYM”) moves for
summary judgment on Plaintiffs Edward and Saranne Abubo’s (the “Abubos” or
“Plaintiffs”) only remaining Count — a claim for damages under 15 U.S.C.
§ 1640(a) for BONYM’s alleged failure to honor Plaintiffs’ notice of rescission
under 15 U.S.C. § 1635. Based on the following, the Motion is DENIED.

[…]

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