AFS FINANCIAL, INC. v. BURDETTE

No. 00 C 394.

105 F.Supp.2d 881 (2000)

AFS FINANCIAL, INC., Plaintiff, v. Headlee Lane BURDETTE and Susan Anne Burdette, Defendants.

United States District Court, N.D. Illinois, Eastern Division.

July 19, 2000.


Attorney(s) appearing for the Case

Paulette Jeane Cusick, Craig Allen Varga, Joshua D. Davidson, Varga, Berger, Ledsky, Hayes & Casey, Chicago, IL, for Plaintiff.

William Lloyd Hotopp, Sandwich, IL, for Defendants.


MEMORANDUM OPINION AND ORDER

MORAN, Senior District Judge.

Defendants obtained a mortgage loan from plaintiff, the proceeds to go largely to pay off two outstanding mortgages. They rescinded the transaction in apt time, pursuant to 15 U.S.C. § 1635(b), but, after the three days had run but before plaintiff received the rescission notice in the due course of mail, it disbursed the funds, $125,590.96, to satisfy those mortgages. Plaintiff now seeks...

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