| ALAN R. STUART AND ELIZABETH T. STUART v. DECISION ONE MORTGAGE COMPANY, LLC, AND RFC HOMECOMINGS FINANCIAL No. 2332 EDA 2008 2009 PA Super 103 Atlantic: 975 A.2d 1151 Petition for Reargument Denied 8/6/2009 Filed: 6/1/2009 | |
| Appeal from the Order entered July 21, 2008 In the Court of Common Pleas of Chester County, Civil, No. 07-04463 | |
| Before: STEVENS, KLEIN and KELLY, JJ. | |
| Opinion by: KLEIN, J. | |
| Alan R. Stuart and Elizabeth T. Stuart appeal from the decision of the trial court granting defendant’s, Decision One Mortgage Company and RFC Homecomings Financial, motion for judgment on the pleadings and refusing to allow rescission of a home mortgage under the federal Truth-in-Lending Act (TILA) after there had been a default judgment in foreclosure. We agree with the cogent reasoning of the distinguished trial judge, the Honorable Robert J. Shenkin, that res judicata bars this claim. Therefore, we affirm. | |
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