Eighth Judicial Circuit
Gaona v. Town & Country Credit
324 F. 3d 1050 (8th Cir. 2003)
B-FIN
The Gaonas applied for and received a mortgage loan, then defaulted
on the loan and the lenders attempted to foreclose on the property.
The Gaonas filed suit, claiming violation of the Fair Housing Act
and Americans with Disabilities Act, but the trial court rejected
these claims and granted summary judgment in favor of the lenders.
On appeal, the Gaonas asserted that the district court erred in
concluding that 42 U.S.C. §3605 (which does not require lenders
to provide reasonable accommodations for borrowers with disabilities)
was the operative FHA provision. The circuit court affirmed the
district court's findings and dismissed the FHA claims.
For more information, email michaela@bazelon.org
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