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Rumor Mill News Reading Room, Current Archive

ALERT!! U.S. Supreme Court Rules That Borrowers May Rescind Residential Mortgage Loans by Written Notice

Posted By: Lymerick
Date: Tuesday, 16-Feb-2016 05:59:36
www.rumormill.news/40200

February 15, 2016

COULD THE SUDDENESS OF SUPREME COURT JUSTICE SCALIA’S DEATH BE SOMEHOW RELATED TO THE LANDMARK SCOTUS RULING AGAINST MASSIVE FRAUDCLOSURES WRITTEN BY HIM?

By: Adam B. Brandon

The Truth in Lending Act (“TILA”) requires lenders to make certain disclosures to borrowers before the parties close on a residential mortgage. TILA also affords borrowers the right to rescind a mortgage for any reason for three day after the transaction. Furthermore, if a lender fails to make the disclosures that TILA requires, then the borrower may rescind the transaction within three years or until the sale of the secured property, whichever comes first.

On January 23, 2015, the U.S. Supreme Court issued a significant opinion that clarifies how a borrower may exercise the right to rescind. Previously, many federal courts required a borrower seeking rescission to file a declaratory judgment action. If the borrower failed to file suit within three years, the borrower lost the right to rescind forever. However, in Jesinoski v. Countrywide Home Loans, the Supreme Court ruled that the plain text of TILA only requires a borrower to provide timely written notice of rescission to the lender.

SNIP

http://mainerepublicemailalert.com/2016/02/15/u-s-supreme-court-rules-that-borrowers-may-rescind-residential-mortgage-loans-by-written-notic



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Articles In This Thread

ALERT!! U.S. Supreme Court Rules That Borrowers May Rescind Residential Mortgage Loans by Written Notice
Lymerick -- Tuesday, 16-Feb-2016 05:59:36
If banks do not pay out loans from the money they receive as deposits why hasn’t somebody sued them?
Lymerick -- Tuesday, 16-Feb-2016 06:04:06
Reader: Chinese Exports Plunge 11.2 Percent As Economic Activity Continues To Collapse All Over The Planet
RumorMail -- Tuesday, 16-Feb-2016 11:47:05

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AN EXPLANATION OF THE FACTIONS