Appellant Igor Krishtul, proceeding pro se, appeals the district court's judgment dismissing his complaint under the Truth in Lending Act ("TILA") and the Home Ownership Equity Protection Act ("HOEPA"). Appellant sued VSLP United, LLC ("VSLP") seeking rescission of two loans, which were secured by a lien on Appellant's Brooklyn cooperative apartment. Appellant claims that VSLP violated TILA and HOEPA by failing to disclose required information pertaining to the loans. After a bench trial, the district court found that VSLP was not a creditor under TILA because Appellant failed to show that the loan was procured by a mortgage broker. We assume the parties' familiarity with the underlying facts, the procedural history of the case, and the issues on appeal.
Although the parties dispute whether the loans at issue were consumer or business loans, this appeal turns on how the district court defined "mortgage broker" under TILA. The term was undefined at the time of the relevant transactions in this case. The Federal Reserve subsequently promulgated a regulation that defines a mortgage broker as one who, "for compensation or other monetary gain, . . . arranges, negotiates, or otherwise obtains an extension of consumer credit for another person . . . [and] is not an employee of the creditor." 12 C.F.R. § 226.36(a)-(b). We defer to the Federal Reserve's reasonable interpretation of an ambiguous term in TILA. Vincent v. The Money Store, 736 F.3d 88, 105-06 (2d Cir. 2013). In this case, we conclude that this definition of a mortgage broker is reasonable.
Applying that definition here, we conclude that the magistrate judge did not commit clear error when it found, after a bench trial, that Appellant had failed to establish the loans were procured by a mortgage broker.
We find no abuse of discretion in the magistrate judge's grant of an unopposed motion in limine to exclude Appellant's unauthenticated emails. Crawford v. Tribeca Lending Corp., 815 F.3d 121, 126 (2d Cir. 2016) ("Federal Rule of Evidence 901(a) requires that an item of evidence be `authenticated' through introduction of evidence sufficient to warrant a finding that the item is what the proponent says it is."); cf. United States v. Vayner, 769 F.3d 125, 130-32 (2d Cir. 2014) (finding abuse of discretion where the district court admitted an unauthenticated printout of a criminal defendant's purported profile page from a Russian social networking site).
Finally, we find no abuse of discretion in the magistrate judge's award of attorneys' fees. The loan security agreements permitted attorneys' fees if the defendant was forced to defend its security interest, and Appellant's complaint sought to void the security interest. The magistrate judge properly considered the relevant factors and awarded reasonable attorneys' fees and costs. Carco Grp., Inc. v. Maconachy, 718 F.3d 72, 86-87 (2d Cir. 2013).
We have considered all of Appellant's arguments and have found in them no basis for reversal. Accordingly, we