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LYNCH v. RKS MORTG. INC.

No. 2:08-cv-01513-MCE-KJM.

588 F.Supp.2d 1254 (2008)

John Barry LYNCH and Barbara J. Lynch, Plaintiffs, v. RKS MORTGAGE INC., a California corporation, ReconTrust Company; Horizon Direct Inc., a California corporation; Master Financial, Inc., a California corporation; Commitment Lending; Countrywide Home Loans, Inc., a California corporation; Mortgage Electronic Registration System, Inc., a California corporation; Jeffrey Bloom, an individual, Defendants.

United States District Court, E.D. California.

November 21, 2008.

Attorney(s) appearing for the Case

Richard Paris, Law Offices of Richard Paris, San Rafael, CA, for Plaintiffs.

Robert E. Boone III, James Goldberg, Bryan Cave LLP, San Francisco, CA, for Defendants.

MEMORANDUM AND ORDER

MORRISON C. ENGLAND, JR., District Judge.

Through this lawsuit, Plaintiffs John Barry Lynch and Barbara J. Lynch ("Plaintiffs") seek to forestall the non-judicial foreclosure on their home by arguing that the mortgage taken out to fund purchase of the residence violated the provisions of the Truth in Lending Act, 15 U.S.C. §§ 1601, et seq. ("TILA") and the Home Ownership and Equity Protection Act, 15 U.S.C. § 1639 ("HOEPA...

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