I have discussed this case with others, but it seems more details come out.
Basically the bank sent me a 30 year mortgage TILA and GFE 2006
they switched the loan at closing to an 18 month construction loan. I had no idea.
they sent no monthly statements, I thought I was paying mortgage.
18 months later I got a 'construction loan doe notice"
Cut to chase, I sued the bank for fraud, etc. 2009
I did not sue for tila violations because I could not find papers, computer had crashed.
In discovery bank did not provide an evidences they sent me a 30 year loan promise and in fact their VP in an affidavit stated they never promised me a 30 year loan.
They also admitted they did not cooperate with discovery. I filed motions to no avail.
At great expense, I hired a computer guy to go over the 6 year old hard drive and he found the original 30 year tila and gfe documents from 2006!.
Before I could get them into evidence, the judge granted the bank SMJ.
I appealed with the new found tila evidence and won on appeal on the fraud cause in April.
My question is, because the bank failed to provide these in discovery, and denied their existence, can I NOW file TILA violations?
I realize their is a statute of limitations, but I could not reasonably attain them, and the bank was not forthcoming???
It was obvious to the supreme court that the bank is behaving badly, and in fact tried to pass of an internal memo discussing the issue of the property zoning, which they failed to disclose, as a 'letter' to me.
What else can I do when they are continuing to act in such bad faith?