Dotter v. Texas Commerce Bank National Ass'n

We affirm that portion of the summary final judgment dismissing appellants’ counterclaim. The trial court’s order modifying the terms of rescission was proper under 15 U.S.C.A. § 1635(b). As stated in Williams v. Homestake Mortgage Co., 968 F.2d 1137, 1141 (11th Cir.1992),

Congress, through its legislative history, has made it quite clear that “the courts, at any time during the rescission process, may impose equitable conditions to insure that the consumer meets his obligations after the creditor has performed his obligations as required by the act.”

(quoting S.Rep. No. 368, 96th Cong., 2d…