In so doing, the Fifth Circuit also rejected Borrowers' other arguments, including the assertion that Bank was estopped from asserting a limitations defense because it "fraudulently concealed" its disclosure violation. Noting that fraudulent concealment consists of four elements, none of which applied in this case, the Court explained in part: "it would be impossible to conceal the fact that the closing occurred in [Borrowers'] living room. . . . [Bank] did not 'conceal' the fact that [it] did not provide the required constitutional notices. . . [and ] [i]t is difficult to imagine how a party could conceal a lack of disclosure."
Ralph T. Wutscher
McGinnis Wutscher Beiramee LLP
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