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BANK OF AMERICA, N.A. v. PETERSON

No. 12-2508.

746 F.3d 357 (2014)

BANK OF AMERICA, N.A., Plaintiff-Appellee v. Gary R. PETERSON; Sally L. Peterson, Defendants-Appellants JP Morgan Chase Bank, N.A., and its successors and assigns; Horizon Bank, National Association; Clear & Close Title Agency, Ltd., also all heirs and devisees of any of the above-named persons who are deceased; and all other persons or entities claiming any right, title, estate, lien or interest in real estate described in the Summons and Complaint herein, Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: March 21, 2014.

Attorney(s) appearing for the Case

John R. Neve , Evan Weiner , Minneapolis, MN, for appellants.

Michelle Weinberg , Donald Charles MacDonald , Charles F. Webber , Steven R. Little , Aaron Daniel Van Oort , Stephen Fjelde Buterin , Minneapolis, MN, for Appellee.

Before WOLLMAN, BYE, and COLLOTON, Circuit Judges.

WOLLMAN, Circuit Judge.

Gary and Sally Peterson (collectively, the Petersons) appeal from the district court's order granting Bank of America, N.A.'s (Bank of America's) motion for summary judgment on their counterclaims for rescission and statutory damages under the federal Truth in Lending Act (TILA), 15 U.S.C. § 1601 et seq. We affirm in part, vacate the grant of summary judgment with respect to the Petersons' counterclaim for statutory damages, and...

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