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.
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.
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.
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.
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.
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.
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.
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 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.
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.