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Name: In re Phelps
Case #: E029320
District 4 DCA
Division: 2
Opinion Date: 10/30/2001
Subsequent History: None

A conviction for violation the Home Equity Sales Contract Act (Civ. Code, sec. 1695 et seq.), requires that the unfair tactic to acquire the residence be employed against a homeowner who is actually residing in home at the time.