Green Tree Consumer Discount Co. v. Newton

How courts have described this case

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

• acknowledging that while recoupment may be a defense in some actions, party may not assert such defenses when seeking remedies under TILA and section 1640 in mortgage foreclosure action
• acknowledging that while recoupment may be a defense in some actions, party may not assert such defenses when seeking remedies under TILA and section 1640 in mortgage foreclosure action
• “mortgage foreclosure is strictly an in rem proceeding . . . solely to effect a judicial sale of the mortgaged property.”
• fraud in the inducement of a mortgage is a permissible counterclaim under rule 1148 in a mortgage foreclosure action
• “Fraud in the inducement of the mortgage is clearly a permissible counterclaim under Rule 1148.”
• action in mortgage foreclosure is strictly an in rem proceeding and therefore a counterclaim for a set- off under TILA can only be asserted in an action which contemplates a personal judgment

Source: CourtListener parenthetical corpus (CC0).