Long v. Storms

Plaintiff brought this Forcible Entry and Detainer (FED) action in district court to recover possession of certain residential premises. Defendants answered and counterclaimed, alleging: (1) that the warranty deed to the premises, given to plaintiff by defendants, should be declared an equitable mortgage; and (2) that the loan transaction between the parties should be rescinded pursuant to the Truth in Lending Act (TILA), 15 USC § 1601 etseq. and that defendants should be awarded restitution and damages. Because defendants’ answer and counterclaims raised an issue regarding the determination…