Legal Opinion
AFS Financial, Inc. v. Burdette
District Court, N.D. Illinois
Decided July 19, 2000No. 00 C 394PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
MORAN, Senior District Judge.
Defendants obtained a mortgage loan from plaintiff, the proceeds to go largely to pay off two outstanding mortgages. They rescinded the transaction in apt time, pursuant to 15 U.S.C. § 1635(b), but, after the three days had run but before plaintiff received the rescission notice in the due course of mail, it disbursed the funds, $125,590.96, to satisfy those mortgages. Plaintiff now seeks to recover the $125,590.96 as a condition of rescission, prior to relinquishing its security interest, and also seeks recovery for alleged unjust…
2Cases cited5 opinions
- Eugene Roosevelt Powers and Lila Virginia Powers v. Sims and LevinCourt of Appeals for the Fourth Circuit · 1976
- Annie Mae Williams v. Homestake Mortgage Co., Ignacio Goldemberg and Adriana GoldembergCourt of Appeals for the Eleventh Circuit · 1992
- Federal Deposit Insurance Corporation, in Its Corporate Capacity v. Hughes Development Company, Inc., Francis R. Hughes, and Bernadette J. Hughes, Federal Deposit Insurance, Corporation, in Its Corporate Capacity v. Hughes Development Company Francis R. Hughes Bernadette J. HughesCourt of Appeals for the Eighth Circuit · 1991
- Raymond R. Repp v. F. E. L. Publications, Ltd.Court of Appeals for the Seventh Circuit · 1982
- Clay v. JohnsonDistrict Court, N.D. Illinois · 1999
3Cited by5 opinions
- Iroanyah v. Bank of America, N.A.District Court, N.D. Illinois · 2012
- Cornerstone Mortgage, Inc. v. PonzarMissouri Court of Appeals · 2008
- Regency Savings Bank v. ChavisAppellate Court of Illinois · 2002
- Personius v. Homeamerican Credit, Inc.District Court, N.D. Illinois · 2002
- Regency Savings Bank v. ChavisAppellate Court of Illinois · 2002