Legal Opinion

West v. America's Servicing Co. (In Re West)

United States Bankruptcy Court, W.D. Pennsylvania

Decided November 19, 2009No. 19-20009PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OPINION 1

JUDITH K. FITZGERALD, Bankruptcy Judge.

The matter before the court is America’s Servicing Company’s Motion for Summary Judgment with respect to the Complaint filed by Debtors alleging that Defendant violated the Truth in Lending Act (“TILA”), 15 U.S.C. § 1601 et seq. For the reasons that follow, summary judgment will be granted.

Background

Debtors purchased the real property at issue in 1997 for a stated consideration of $114,000.00. On August 31, 2004, in order to refinance their mortgage loan, Debtors entered into a mortgage with Argent Mortgage Company LLC in the original…

2Cases cited11 opinions

  1. Lawrence H. Ramming v. United States of America, John Thomas Cloud v. United StatesCourt of Appeals for the Fifth Circuit · 2001
  2. Beach v. Ocwen Federal BankSupreme Court of the United States · 1998
  3. Celona v. Equitable National BankDistrict Court, E.D. Pennsylvania · 1989
  4. Woolaghan v. United Mortgage Services, Inc. (In Re Woolaghan)United States Bankruptcy Court, W.D. Pennsylvania · 1992
  5. Alberta Taylor Tom Taylor v. Domestic Remodeling, Inc., Green Tree Financial Corporation, MississippiCourt of Appeals for the Fifth Circuit · 1996

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3Cited by1 opinion

  1. Velardi v. Countrywide Bank (In re Velardi)United States Bankruptcy Court, M.D. Pennsylvania · 2016

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