In Re Thomas A. Carter and Marilyn J. Carter, Debtors.rcb Bank, Formerly Rogers County Bank, Appellant, v. Thomas A. Carter and Marilyn J. Carter, Appellees, 45 F.3d 439 (10th Cir. 1994)

Before BRORBY and EBEL, Circuit Judges, and SAM,^**  District Judge.

ORDER AND JUDGMENT¹ 

After examining the briefs and appellate record, this panel has determined unanimously to grant the parties' request for a decision on the briefs without oral argument. See Fed. R. App. P. 34(f) and 10th Cir. R. 34.1.9. The case is therefore ordered submitted without oral argument.

Appellant RCB Bank appeals from the district court's affirmance of the bankruptcy court's decision to rescind a mortgage on appellees Thomas A. and Marilyn J. Carters' homestead. Based on the facts found by the bankruptcy court, the district court determined that the Carters' consent for the mortgage was obtained by economic duress.

On appeal, RCB Bank argues that the facts do not show that the mortgage was obtained by economic duress because (1) it did not initiate an unlawful or wrongful act but rather engaged in typical commercial banking activities; (2) the Carters' consent to the mortgage was secured due to their economic necessity for a loan; and (3) the Carters had an adequate legal remedy or reasonable alternative available in lieu of consenting to the mortgage. RCB Bank also argues that recision was an inappropriate remedy because the Carters executed renewals and extensions of the loan and mortgage. Upon consideration of the briefs on appeal and RCB Bank's appendix, we conclude the facts support the district court's holding that the mortgage was obtained by economic duress. Accordingly, we affirm for substantially the reasons stated by the district court in its corrected order of February 8, 1994.

The judgment of the United States District Court for the Northern District of Oklahoma is AFFIRMED.