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Marr v. Bank of America
Citation:662 F.3d 963 (2011).
Marr refinanced his home through a bank. During closing, the agent put all files relating to the refinancing in a folder, which Marr placed in the file cabinet in his home. Marr lived alone, and maintained no other individual had access to the file cabinet. It was common for the bank to include two copies of the rescission notice at the time of closing. Marr only discovered one notice, and maintains the bank did not follow its standard closing procedure. Marr attempted to rescind the refinancing agreement after the three-day window to which he agreed at the time of closing.
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