Jesinoski v. Countrywide Home Loans, Inc.

Forum

U.S. Supreme Court

Case Status

Decided

Docket Number

13-684

Term

2014 Term

Lower Court Opinion

U.S. Court of Appeals for the Eighth Circuit

Questions Presented

Whether a borrower exercises his right to rescind a transaction in satisfaction of the requirements of the Truth in Lending Act, 15 U.S.C. § 1635, by “notifying the creditor” in writing within three years of the consummation of the transaction, as the Third, Fourth, and Eleventh Circuits have held, or must instead file a lawsuit within three years of the consummation of the transaction, as the First, Sixth, Eighth, Ninth, and Tenth Circuits have held.

Case Updates

U.S. Supreme Court clarifies TILA rescission right

January 13, 2015

The court held that a borrower exercising the right to rescind under the Truth in Lending Act need only provide a written notice to the lender within the three-year period, not file suit within that period. The Eighth Circuit’s decision was reversed and the case was remanded.

Cert. petition granted

April 28, 2014

Case Documents

Topics

Capital Markets and Corporate Law