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Home / Opinion Digests / Commercial – ECOA – Affirmative Defense – Loan Transactions (access required)

Commercial – ECOA – Affirmative Defense – Loan Transactions (access required)

Where the bank is seeking to collect from husband and wife guarantors on a defaulted promissory, the husband may assert a counterclaim for damages based on the Equal Credit Opportunity Act, 15 U.S.C. § 1691, but cannot assert the ECOA as an affirmative defense to the underlying debt to the bank. The court further finds ...

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