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Rodash v. AIB Mortgage Co.

16 F.3d 1142 (1994)

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Rodash v. AIB Mortgage Co.

United States Court of Appeals for the Eleventh Circuit
16 F.3d 1142 (1994)

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Facts

Rodash (plaintiff) received a home equity mortgage from AIB Mortgage Company (defendant). At loan closing, Rodash was given a form for her to sign to acknowledge her receipt of the notice of the right to cancel. On the same sheet of paper was a waiver of that right called the election not to cancel. Rodash signed both. The loan documents also included finance charges listing $22 for a Federal Express delivery to Centrust to pay off Rodash’s old mortgage and a state intangible tax. Rodash stopped making payments on the mortgage, and AIB foreclosed. Rodash sued, claiming AIB had violated the Truth in Lending Act. The court ruled in AIB’s favor, and Rodash appealed.

Rule of Law

Issue

Holding and Reasoning (Johnson, J.)

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