Wells Fargo Bank v. Terry

State: Illinois

Court: 1st District Appellate

Docket No: 1-09-0617 Rel

Case Date: 03/29/2010

Preview:FIRST DIVISION March 29, 2010

No. 1-09-0617 WELLS FARGO BANK, N.A., as Trustee,) ) Plaintiff and ) Counterdefendant-Appellee, ) ) v. ) ) ERNESTINE TERRY, UNKNOWN OWNERS, ) and NONRECORD CLAIMANTS, ) ) Defendants ) ) (Ernestine Terry, ) ) Counterplaintiff-Appellant ) and Third-Party ) Plaintiff-Appellant, ) ) v. ) ) Option One Mortgage Corporation, ) ) Third-Party Defendant) Appellee). ) Appeal from the Circuit Court of Cook County.

No. 07 CH 10211

The Honorable David B. Atkins, Judge Presiding.

JUSTICE GARCIA delivered the opinion of the court. Ernestine Terry, defendant, counterplaintiff, and thirdparty plaintiff, appeals the dismissal of her affirmative defense, counterclaim, and third-party complaint that the circuit court granted pursuant to section 2-615 of the Illinois Code of Civil Procedure. 735 ILCS 5/2-615 (West 2008). The circuit

court held that her right to rescind a mortgage issued by appellees Wells Fargo Bank and Option One Mortgage Corporation

No. 1-09-0617 (the lenders), upon which all of her pleadings were founded, expired under the Truth in Lending Act (the TILA) (15 U.S.C.

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