Tony and Julie Odigie took out an adjustable-rate mortgage from Nationstar Mortgage, LLC, to purchase their new home. They were late with the first payment and delinquent several times a year for every year for over a decade. Nationstar modified the interest rate, payment schedule, and principal amount numerous times in an attempt to find a solution, but nothing worked.

The Odigies sued Nationstar, alleging violations of the Truth in Lending Act. When a district court entered summary judgment for Nationstar, the Odigies appealed. They claimed that, among other things, Nationstar had violated the Truth in Lending Act by failing to provide certain disclosures along with the loan application form. During the appeal, the Odigies conceded that Nationstar fulfilled this obligation. In one final try, they argued that Nationstar did not make necessary disclosures under a different regulatory provision that they never cited when they were in front of the district court. On appeal, can the Odigies use this as an opportunity to try out new legal claims?