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BANKAMERICA NAT. TRUST CO. v. ZAYAS-BAZAN

No. 95-3610.

698 So.2d 1261 (1997)

BANKAMERICA NATIONAL TRUST COMPANY f/k/a Security Pacific National Trust Co., as Trustee, Appellant/Cross-Appellee, v. Hector E. ZAYAS-BAZAN, Errol Portuondo, Rosa Portuondo, his wife, Sylvia Wyman, Trustee of the Sylvia Wyman Irrevocable Trust, Banyon Lakes Property Owners Association, Inc., Banyon Lakes Homeowners Association, Inc., Enterprise Leasing Company, and ________________ an unknown person in possession of the subject real property, Appellees/Cross-Appellants.

District Court of Appeal of Florida, Fourth District.

Rehearing Stricken October 1, 1997.

Attorney(s) appearing for the Case

Steven Ellison of Broad and Cassel, West Palm Beach, for appellant/cross-appellee.

James A. Bonfiglio, Boynton Beach, for appellees/cross-appellants.

STONE, Chief Judge.

Appellant filed a foreclosure action after Appellees failed to make a mortgage payment due in 1993. Appellees answered, asserting violations of the Truth-In-Lending Act (TILA), 15 U.S.C. § 1635. The loan was made in June 1987. Finding several violations of TILA, the trial court entered a judgment of rescission in favor of Appellees.

The final judgment is reversed. The three-year expiration of Appellees' right to rescission was in June...

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