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JP MORGAN CHASE BANK v. MICHAEL TECL

24 A.D.3d 1001 (2005)

808 N.Y.S.2d 432

JP MORGAN CHASE BANK, as Trustee, Respondent, v. MICHAEL TECL et al., Appellants, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 15, 2005.

ROSE, J.

In this mortgage foreclosure action, defendants Michael Tecl and Christine Tecl (hereinafter collectively referred to as defendants) asserted various affirmative defenses, including the claim that the original mortgagee, Homeowners Loan Corporation, failed to comply with the Truth in Lending Act (15 USC § 1601 et seq. [hereinafter TILA]). Supreme Court granted plaintiff's motion to dismiss defendants' answer and to treat said answer as a limited...

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