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REGENCY SAV. BANK v. CHAVIS

No. 2-01-1321.

776 N.E.2d 876 (2002)

333 Ill. App.3d 865

267 Ill.Dec. 504

REGENCY SAVINGS BANK, as Successor in Interest to Sterling Savings Bank, Plaintiff-Appellee, v. Sigmund J. CHAVIS and Harriet Chavis, Defendants-Appellants (Department of Revenue, Sybil Virshbo, La Salle National Bank, Unknown Owners, Nonrecord Claimants, Unknown Tenants and Occupants, Defendants).

Appellate Court of Illinois, Second District.

September 20, 2002.

Attorney(s) appearing for the Case

Forrest L. Ingram, Julie A. Boynton, Martin B. Tucker, Forrest L. Ingram, P.C, Chicago, for Harriet Chavis, Sigmund J. Chavis. Michael J. Goldstein, Michael J. Goldstein & Associates, Chicago, for Regency Savings Bank, Sterling Savings Bank.

Justice BYRNE delivered the opinion of the court:

This appeal arose from an action brought by plaintiff, Regency Savings Bank, to foreclose its mortgage on the residence of defendants, Sigmund J. Chavis and Harriet Chavis. The trial court found that defendants were entitled to rescind the note and mortgage because they were not provided with proper documentation regarding their rescission rights pursuant to section 1635 of the Truth in Lending Act (Act) (15 U.S.C...

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