BEACH v. GREAT WESTERN BANK

No. 94-1049.

670 So.2d 986 (1996)

David R. BEACH and Linda M. Beach, his wife, Appellants, v. GREAT WESTERN BANK, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing and Rehearing Denied April 15, 1996.


Attorney(s) appearing for the Case

James A. Bonfiglio of James A. Bonfiglio, P.A., Boynton Beach, for appellants.

Steven Ellison of Broad and Cassell, West Palm Beach, for appellee.


Rehearing and Rehearing En Banc Denied April 15, 1996.

WARNER, Judge.

This is a case of first impression in Florida. The issue presented is whether a consumer has a right to rescind a mortgage on a home, under 15 U.S.C.A. section 1635 of the Truth in Lending Act (TILA), as a defense by way of recoupment to the lender's foreclosure action, when the defense is asserted beyond the three year period set forth in the statute. See TILA, 15 U.S.C.A. §...

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