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IN RE BESTROM

No. 96-3190.

114 F.3d 741 (1997)

In re John C. BESTROM, debtor. John C. BESTROM, Appellant, v. BANKERS TRUST COMPANY, as Trustee for Holders of DLJ Mortgage Acceptance Corp., Mortgage Pass-Through Certificates, Assignee of Mortgagee, Quality Mortgage USA, Inc., Appellee.

United States Court of Appeals, Eighth Circuit.

Decided May 29, 1997.

Attorney(s) appearing for the Case

Ann Looft, argued, Minneapolis, Minnesota, for appellant.

John T. Kelly, argued, St. Paul, Minnesota, for appellee.

Before MAGILL, MURPHY, Circuit Judges, and GOLDBERG, Judge.

GOLDBERG, Judge.

Appellant John C. Bestrom ("Bestrom") seeks to rescind his mortgage agreement under the Truth In Lending Act, 15 U.S.C. §§ 1601 et seq. (1994) ("TILA"), without repaying the mortgage lender. Bestrom contends that he should not be required to repay the loan principal as a condition of exercising the recission rights under TILA because the lender failed to provide him with notice of his right to rescind the mortgage within 3 days of the consummation...

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