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Consumer Law Keyed to Whaley, 9th Ed.
Rodash v. AIB Mortgage Co.
Citation:
16 F.3d 1142 (1994)Facts
On January 18, 1991, Martha Rodash obtained a home equity mortgage for $102,000 from AIB Mortgage Company to pay for medical treatment for her multiple sclerosis. AIB assigned its interest to Empire of America Realty Credit Corporation that same day. At closing, Rodash received four documents: a Truth-in-Lending Disclosure Statement, a Mortgage Settlement Statement, a Notice of Right to Cancel stating she had three days to rescind, and an Acknowledgment of Receipt and Election Not to Cancel. The Settlement Statement itemized charges of $22 for Federal Express delivery, $204 for Florida intangible taxes, and $6 for mortgage assignment under “amount financed” rather than “finance charge.” Rodash signed the Election Not to Cancel on January 18, 1991, and loan proceeds were distributed after January 23, 1991. She stopped making payments in July 1991 and attempted to rescind the transaction in December 1991 under TILA. Empire accelerated the balance and filed a state court foreclosure action.
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