Franklin v. Community Federal Savings & Loan Ass'n

MEMORANDUM

REGAN, District Judge.

This is a Truth in Lending action of which we have jurisdiction under 15 U.S.C. § 1640(e). The basic facts relating to liability vel non are not in dispute.

Defendant made a real estate mortgage loan to plaintiff, in connection with which a promissory note and deed of trust were executed. The disputed issues center on the legal sufficiency of the disclosures made by defendant.

Plaintiff first contends that the language in the after-acquired property clause in item J of defendant’s disclosure statement fails to comply with the provisions of section 1639(a)(8), 15…