[U] Crestar Bank v. Driggs

Per Curiam: Appellants Jeffrey and Kimberlee Driggs (""the Driggs"") contend that the district court erred in granting summary judgment in favor of Plaintiff-Appellee Crestar Bank. The bank sued the Driggs for a deficiency judgment on a defaulted real estate acquisition loan, and the Driggs asserted in defense a claim under the Equal Credit Opportunity Act (ECOA), 15 U.S.C. § 1691 (West 1982, 1993 Supp).* Specifically, the Driggs claimed that Crestar Bank discriminated against Jeffrey Driggs on the basis of his marital status by requiring that his wife, Kimberlee, assume liability on the loan instrument. The Driggs also claim that the court erred in declining to offset the deficiency award by the fair market value of the property purchased with the loan, rather than by the foreclosure sale price of that property.