Federal Deposit Ins. Corp. v. Notis

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that defendant had sufficiently pled an ECOA affirmative defense in the nature of re-coupment even though the specific word “recoupment” was not used
• holding that the defendant could raise the defense, in the plaintiff’s foreclosure action, that the plaintiff violated the ECOA by requiring his wife’s signature on the promissory note when she was not an applicant for the loan
• “Recoupment must be pleaded affirmatively, and if it is not raised it is ordinarily deemed waived.”
• although affirmative action under ECOA would be time-barred, defense in nature of recoupment is not
• defense in nature of recoupment is valid under ECOA

Source: CourtListener parenthetical corpus (CC0).