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ROBERTSON v. U.S. BANK, N.A.

Nos. 15-6286 16-5116.

831 F.3d 757 (2016)

Roderick ROBERTSON; Letitia Robertson, Plaintiffs-Appellants, v. U.S. BANK, N.A., as Trustee for Residential Assets Securities Corporation, Home Equity Mortgage Asset-Backed Pass Through Certificates, Series 2006-EMX3; Wilson & Associates, PLLC; Residential Assets Securities Corporation, Home Equity Mortgage Asset-Backed Pass Through Certificates Series 2006-EMX3 Trust, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Rehearing En Banc Denied September 16, 2016.

Attorney(s) appearing for the Case

ON BRIEF: Drayton D. Berkley , Memphis, Tennessee, for Appellants. Bradley E. Trammell , Kavita Goswamy Shelat , Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, Memphis, Tennessee for Appellee U.S. Bank. Jerry Morgan , Wilson & Associates, PLLC, Brentwood, Tennessee, for Appellee Wilson & Associates.

Before: SUTTON, GRIFFIN, and DONALD, Circuit Judges.

OPINION

This case arises from a depressingly familiar scenario: a loan secured before the 2008 recession and defaulted after it. Facing foreclosure, Roderick and Letitia Robertson sued U.S. Bank, seeking to rescind the loan based on the bank's violation of the Truth in Lending...

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