Resolution Trust Corp. v. Laskin

OPINION

MESSITTE, District Judge.

I

In this case two individuals whose business borrowed money and who personally guaranteed the loan seek to avoid liability as guarantors because the wife of one of them, allegedly uninvolved in the business, was required to be a co-guarantor. The wife also seeks to disclaim responsibility for the guaranty, a result, they contend, required by the Equal Credit Opportunity Act (ECOA), 15 U.S.C. § 1691 et seq.

These individuals, Defendants in the present law suit, raise the alleged ECOA violation as their third affirmative defense and also propose it as a…