STERTEN v. OPTION ONE MORTG. CORP.

Civil Action No. 06-651.

479 F.Supp.2d 479 (2007)

Gaye L. STERTEN v. OPTION ONE MORTGAGE CORPORATION, et al.

United States District Court, E.D. Pennsylvania.

March 22, 2007.


Attorney(s) appearing for the Case

David A. Scholl, Newtown Square, PA, for Gaye L. Sterten.

John J. Di Paul, II, Charles L. Becker, Reed Smith LLP, Philadelphia, PA, for Option One Mortgage Corporation, et al.


MEMORANDUM OPINION AND ORDER

SAVAGE, District Judge.

The issue presented in this bankruptcy appeal is whether the "tolerances for accuracy" provision of the. Truth in Lending Act ("TILA"), 15 U.S.C. § 1605(f), which excuses lenders from liability for minimal understated finance charges, is an affirmative defense to a TILA claim that must be pled or it is waived. Reversing itself on reconsideration, the Bankruptcy Court ruled that the provision...

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