In re Zuspan
UNPUBLISHED
Creditor met with debtors, prepetition, at their home and sold them vinyl siding pursuant to a payment plan that was apparently secured by a mortgage. After debtors' petition was filed, creditor filed a motion seeking a declaration that its claim was secured and requesting relief from stay, which debtors opposed. The court held that the rescission notice given by creditor to debtors at the time of the sale did not comply with the notice required by 15 U.S.C. § 1635(a) and 12 C.F.R. § 226.23(b), which govern rescission of consumer credit transactions. Because the notice was defective, the court held that, pursuant to the express wording of § 1635(a), debtors' rescission right had never expired. The court considered debtors' response to creditor's motion to be a sufficient written notice of the exercise of their right to rescind the sale agreement. Finally, the court held that, although creditor had violated § 226.23(c) by showing up to install the siding on the day after the contract was signed. that subparagraph of the regulation did not provide a basis upon which the transaction could be rescinded. Since return of the siding would be impractical, the court ordered that creditor held an unsecured claim for the reasonable value of the siding, less any payments already made by debtors.