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ASSOCIATES FIRST CAPITAL CORP. v. BOOZE

No. 2D04-4895.

912 So.2d 696 (2005)

ASSOCIATES FIRST CAPITAL CORPORATION, Appellant, v. Wilmatene L. BOOZE, Tyrone L. Booze, and any unknown party in possession of the property sought to be foreclosed herein, Appellees.

District Court of Appeal of Florida, Second District.

October 28, 2005.

Attorney(s) appearing for the Case

David J. Tong and Cheryl J. Lister of Saxon, Gilmore, Carraway, Gibbons, Lash & Wilcox, P.A., Tampa, for Appellant.

Theodore "Ted" E. Karatinos of Prugh, Holliday & Karatinos, P.L., Tampa, and Nina G. Monrose of Nina G. Monrose, P.A., St. Petersburg, for Appellee Wilmatene L. Booze.

No Appearance for Appellee Tyrone L. Booze.

CANADY, Judge.

In this case involving application of the Federal Truth in Lending Act, Associates First Capital Corporation (the Lender) appeals a trial court order granting a full rescission of a refinancing loan to Wilmatene L. Booze and Tyrone L. Booze (the Borrowers). We reverse the trial court's order because the Borrowers had a right to only partial rescission of the loan.

In 1998, the Borrowers and the Lender entered into a loan secured by a mortgage...

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