MERCHANTS MORTG. & TRUST CORP. v. DAWE

No. 82CA0230.

660 P.2d 1299 (1982)

MERCHANTS MORTGAGE & TRUST CORPORATION, a Colorado corporation, Plaintiff-Appellee, v. Thomas S. DAWE and Ila Mae Dawe, Defendants-Appellants.

Colorado Court of Appeals, Div. I.

Rehearing Denied December 16, 1982.

Certiorari Granted March 7, 1983.


Attorney(s) appearing for the Case

Davis, Moorhead & Ceriani, P.C., Luther K. Branting, Gary J. Ceriani, Denver, for plaintiff-appellee.

French & Stone, P.C., Robert W. Stone, Boulder, for defendants-appellants.


KELLY, Judge.

The trial court granted summary judgment in favor of Merchants Mortgage & Trust Corporation awarding the unpaid balance of a promissory note executed by defendants, Mr. and Mrs. Dawe. The Dawes argue that the trial court erred in ruling that their right to rescind the land transaction was precluded by the three-year limitation provision in the Federal Truth in Lending Act, 15 U.S.C. § 1635(f). We affirm.

The Dawes signed a land sale...

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