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YAMAMOTO v. BANK OF NEW YORK

No. 01-16427.

329 F.3d 1167 (2003)

Melvin T. YAMAMOTO; Elaine S. Yamamoto; Maxine H. Tampon, Plaintiffs-Appellants, v. BANK OF NEW YORK; BNC Mortgage; U.S. Financial Corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 29, 2003.

Attorney(s) appearing for the Case

Gary Victor Dubin, Honolulu, HI, for the Plaintiffs-Appellants.

Mark D. Bernstein, Honolulu, HI, for Defendant-Appellee, U.S. Financial Mortgage Corp.

Steven K.S. Chung, Oshima Chun Fong & Chung, Honolulu, HI, for Defendant-Appellee, BNC Mortgage, Inc.

Mary Martin, Stanton Clay Chapman Crumpton & Iwamura, Honolulu, HI, and Gary Y. Okuda, Leu & Okuda, Honolulu, HI, for Defendant-Appellee, Bank of New York.

Before GOODWIN, RYMER, and T.G. NELSON, Circuit Judges.

RYMER, Circuit Judge:

This appeal requires us to decide whether a court may order borrowers who seek recission of a mortgage under the Truth in Lending Act (TILA), 15 U.S.C. § 1635, to show that proceeds can be tendered if they prevail. Here, the borrowers testified that they could not fulfill TILA's tender requirement, and the district court gave them sixty days before dismissing their recission claim to attempt to do so. When they were unable to provide evidence...

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