Regan v. HSBC Bank (USA) (In Re Regan)

MEMORANDUM OPINION AND ORDER ON COMPLAINT FOR RESCISSION AND DAMAGES FOR VIOLATION OF THE TILA

DALE L. SOMERS, Bankruptcy Judge.

In this adversary case, Debtors Robert and Diane Regan (hereafter “Debtors” or “Plaintiffs”) allege violations of the Truth in Lending Act, 15 U.S.C. § 1601-1666¡j (hereafter “TILA”) 1 occurred in connection with their home mortgage loan, entitling them to rescind the transaction almost three years after the closing, and to recover statutory damages and attorney fees. The specific violation alleged is the receipt of one copy, instead of two copies, of the TILA…