Mellon Bank, N.A. v. Carroll

Goolsby, Judge:

This is a foreclosure action brought by Mellon Bank, N.A., Trustee, against Francis E. Carroll and Barbara A. Carroll on a mortgage originally given by the Carrolls to Resort Investment Corporation as security for a note. The Carrolls counterclaimed, alleging, among other things, a violation by Resort Investment of the Truth in Lending Act, 15 U.S.C. §§ 1601-1693r. The master ordered foreclosure and denied the counterclaim. The dispositive issue concerns whether the counterclaim raises the question of whether the disclosures made by Resort Investment to the Carrolls contained…