TILA plaintiffs needn’t sue to preserve rescission right 
Published: February 8, 2013
Tags: consumer protection, rescission, TILA, Truth in Lending Act
Home borrowers were not required to formally file suit before the Truth in Lending Act’s three-year limitation period expired in order to preserve their right of rescission, the 3rd U.S. Circuit Court of Appeals has ruled.
TILA plaintiffs needn’t plead ability to repay loan
Published: August 1, 2012
Tags: Regulation Z, rescission, TILA, Truth in Lending Act
Home borrowers were not required to plead that they had the ability to repay their loan in order to invoke their rescission rights under the federal Truth in Lending Act, the 10th Circuit has ruled in reversing a dismissal.
TILA plaintiff failed to preserve rescission rights
Published: June 13, 2012
Tags: consumer protection, rescission, Truth in Lending Act
A home borrower failed to preserve her right to rescind her loan because she failed to provide notice and file suit within the Truth in Lending Act’s three-year limitations period, the 10th Circuit has ruled in affirming a dismissal.
Written notice sufficient to preserve TILA rights
Published: May 7, 2012
Tags: consumer protection, Regulation Z, rescission, statute of limitations, Truth in Lending Act
Home borrowers preserved their rescission rights under the Truth in Lending Act when they provided their lender with written notice within three years of closing their loan, the 4th Circuit has ruled in reversing a dismissal.
Purchase could be rescinded under Land Sales Act
Published: May 3, 2012
Tags: consumer protection, Interstate Land Sales Full Disclosure Act, real property, rescission
The purchasers of a lot in an upscale real estate development had three years to exercise their rescission rights under federal law imposing disclosure requirements in interstate land sales, the 4th Circuit has ruled in affirming a $1.7 million judgment.
TILA rescission claim time-barred
Published: February 10, 2012
Tags: rescission, statute of repose, TILA, Truth in Lending Act
The Truth in Lending Act’s statute of repose extinguished a borrower’s right to rescission three years after the consummation of her loan – regardless of whether she provided notice of her rescission within that period, the 9th Circuit has ruled in affirming a dismissal.
Condo purchasers may have lost rescission rights
Published: February 9, 2012
Tags: consumer protection, Interstate Land Sales Full Disclosure Act, real property, rescission
Condominium purchasers may have waited too long to exercise their right to rescind their contract pursuant to federal law requiring certain disclosures in land sales, the 6th Circuit has ruled.
Borrowers’ rescission rights may have been extended
Published: January 3, 2012
Tags: consumer protection, rescission, TILA, Truth in Lending Act
Home borrowers may have been entitled to a three-year period to rescind their loan based on the lender’s failure to properly “deliver” the notice of rescission rights required under federal law, the 9th Circuit has ruled in reversing a dismissal.
Plaintiffs can’t sue under Truth in Lending Act
By:
Pat Murphy
Published: February 8, 2010
Tags: consumer protection, rescission, Truth in Lending Act
Plaintiffs couldn’t sue under federal consumer lending law when they didn’t receive a full refund of their deposit after “rescinding” their application for a home loan, the 4th Circuit has ruled in affirming a summary judgment.
Lender not liable for blank dates on rescission form
By:
Pat Murphy
Published: June 15, 2009
Tags: rescission, Truth in Lending Act
A mortgage lender did not violate federal consumer protection law when it left the date spaces blank on the document informing a borrower of his right to rescind the loan, the 1st Circuit has ruled in affirming judgment.
