Filed: Jun. 30, 2011
Latest Update: Feb. 22, 2020
Summary: NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _ No. 08-1987 _ WILLIAM F. SHERLOCK; PATRICIA A. SHERLOCK, Appellants v. ROBERT HERDELIN; 44 FINANCIAL CORP. _ On Appeal from the United States District Court for the Eastern District of Pennsylvania (Civ. No. 04-cv-03438) District Judge: Hon. J. Curtis Joyner Submitted pursuant to Third Circuit LAR 34.1(a) Tuesday, May 24, 2011 Before: McKEE, Chief Judge, SCIRICA and RENDELL, Circuit Judges (Opinion filed: June 30, 2011) _ OP
Summary: NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _ No. 08-1987 _ WILLIAM F. SHERLOCK; PATRICIA A. SHERLOCK, Appellants v. ROBERT HERDELIN; 44 FINANCIAL CORP. _ On Appeal from the United States District Court for the Eastern District of Pennsylvania (Civ. No. 04-cv-03438) District Judge: Hon. J. Curtis Joyner Submitted pursuant to Third Circuit LAR 34.1(a) Tuesday, May 24, 2011 Before: McKEE, Chief Judge, SCIRICA and RENDELL, Circuit Judges (Opinion filed: June 30, 2011) _ OPI..
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NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
_____________
No. 08-1987
_____________
WILLIAM F. SHERLOCK;
PATRICIA A. SHERLOCK,
Appellants
v.
ROBERT HERDELIN;
44 FINANCIAL CORP.
_____________
On Appeal from the United States District Court
for the Eastern District of Pennsylvania
(Civ. No. 04-cv-03438)
District Judge: Hon. J. Curtis Joyner
Submitted pursuant to Third Circuit LAR 34.1(a)
Tuesday, May 24, 2011
Before: McKEE, Chief Judge, SCIRICA and RENDELL, Circuit Judges
(Opinion filed: June 30, 2011)
__________
OPINION
_________
McKEE, Chief Judge.
William F. Sherlock and Patricia A. Sherlock appeal the district court’s order granting
Appellees Robert Herdelin’s and 44 Financial Corporation’s motions for summary judgment on
Appellants’ claims alleging violations of the Truth in Lending Act (“TILA”), Home Ownership
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and Equity Protection Act (“HOEPA”), and Real Estate Settlement Procedures Act (“RESPA”).
For the reasons set forth below, we will affirm.
Because we write primarily for the parties, we need not repeat the facts and procedural
history of this case. Moreover, the district court has ably summarized the relevant background.
See Sherlock v. Herdelin,
2008 WL 732146 (E.D. Pa. Mar. 17, 2008).
In its well- reasoned opinion, the district court concluded that the Sherlocks obtained
their loan primarily for business purposes and thus held that the TILA, HOEPA, and RESPA did
not apply to the loan as a matter of law.
Id. at *9. On appeal, the Sherlocks argue that they
obtained their loan primarily for consumer purposes and therefore the district court erred in
granting summary judgment to the Appellees on the ground that the TILA, HOEPA, and RESPA
did not apply.
In his detailed and thoughtful opinion filed in this case, Judge Joyner carefully and
clearly explained his reasons for concluding that the TILA, HOEPA, and RESPA did not apply.
See
id. We can add little to his discussion or analysis and we will therefore affirm the district
court’s order granting summary judgment in favor of the Appellees for substantially the same
reasons as set forth in that opinion without further elaboration.
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