Saturday, March 8, 2008
TILA Violation, Lack of Material Disclosures, Two Notices of Right to Rescind
In re White, 2007 WL 2192395 (Bkrtcy.D.Kan.)(Berger, J.). Lender failed to provide a statement of material disclosures and one of two notices of right to rescind, etc. Court voided debtor's mortgage conditioned on debtor's tender of loan proceeds, reduced the loan to $20,000, to be further reduced by amounts included in awards of statutory damages, fees, and costs, abated accrued interest and finance charges.