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ESCHER v. DECISION ONE MORTG. CO., LLC

Civil Action No. 08-4791.

417 B.R. 245 (2009)

James C. ESCHER, et al. v. DECISION ONE MORTGAGE COMPANY, LLC, et al.

United States District Court, E.D. Pennsylvania.

September 29, 2009.

Attorney(s) appearing for the Case

James C. Escher, Swarthmmore, PA, Pro se.

Viola Escher, Swarthmore, PA, Pro se.

Andrew K. Stutzman, Joel C. Trotter, Sean R. Adam, Stradley Ronon Stevens & Young LLP, Philadelphia, PA, for Decision One Mortgage Company, LLC.

Jesse N. Silverman, Martin C. Bryce, Jr., Steven J. Snyder, Marc Jacob Weinstein, Ballard Spahr Andrews & Ingersoll LLP, Philadelphia, PA, for Mortgage Electronic Registration Systems, Inc., Countrywide Home Loans, Inc.

Allen B. Dubroff, Jenkintown, PA, for Mortgage Managent Specialists, Steve Honowitz Trading.

David A. Scholl, Newtown Square, PA.

MEMORANDUM OPINION

SAVAGE, District Judge.

Introduction

This bankruptcy appeal arises out of James and Viola Escher's ("the Eschers") claims that the lender failed to include certain fees in the finance charge calculation in violation of the Truth in Lending Act ("TILA") when they refinanced a mortgage loan. The Eschers are appealing from the grant of summary judgment in favor of the defendants and the denial of their request for...

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