Coffill v. Coffill, No. 10-1976 (1st Cir. 2011)Annotate this Case
Plaintiff, who signed documents presented by her husband without reading them, sought damages and to rescind two mortgages ostensibly encumbering titles to her residence in Massachusetts and a retreat in Maine. Her husband allegedly misrepresented the nature of the documents, which were powers of attorney. She claims she did not receive documents required by the Truth In Lending Act, 15 U.S.C. 1635 and the Massachusetts Consumer Credit Cost Disclosure Act, Mass. Gen. Laws ch. 140D 10.1. The trial court dismissed, reasoning that notices to the husband were sufficient under the powers of attorney. The First Circuit vacated. The district court improperly made findings of fact on a motion to dismiss, in concluding that the powers of attorney suffered from identical scriveners' errors and should be read as if their expiration dates were May 31, 2009 (not 2008).