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ANTANUOS v. FIRST NAT. BANK OF ARIZONA

Civil Action No. 4:06cv104.

508 F.Supp.2d 466 (2007)

George R. ANTANUOS and Mona G. Antanuos, Plaintiffs, v. FIRST NATIONAL BANK OF ARIZONA and Homecoming Financial Network, Inc., Defendants.

United States District Court, E.D. Virginia, Newport News Division.

May 7, 2007.

Attorney(s) appearing for the Case

Gary Lee Abbott, Leonard Anthony Bennett, Robin A. Abbott, Consumer Litigation Associates PC, Newport News, VA, for Plaintiffs.

John Curtis Lynch, Margaret Elizabeth Woodard, Troutman Sanders LLP, Norfolk, VA, for Defendants.

MEMORANDUM OPINION AND ORDER

DOUMAR, District Judge.

The issue before the Court is whether a debtor in a mortgage loan contract possesses a right to rescind the agreement under the federal Truth in Lending Act ("TILA") when the loan is secured by property that is not the debtor's principal dwelling, even when the creditor provides the debtor with written notice of the right to rescind pursuant to the terms of TILA, 15 U.S.C. § 1601 et seq...

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