Section 38 Defenses

LibraryConsumer Law and Practice 2010

A lender may defend against a TILA action on the bases of good faith conformity, 15 U.S.C. § 1640(f), and a bona fide error defense usually limited to clerical errors per 15 U.S.C. § 1640(c). These affirmative defenses may be waived if not pled. See,e.g.,Sterten v. Option One Mortgage Corp. (In re Sterten), 546 F.3d 278 (3rd Cir. 2008) (citingElliott & Frantz, Inc. v. Ingersoll-Rand Co., 457...

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