Rosenfield v. HSBC Bank, USA, No. 10-1442 (10th Cir. 2012)
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Plaintiff-Appellant Jean Rosenfield appealed a district court's order that granted a motion to dismiss filed by Defendant-Appellee HSBC Bank, USA (HSBC). Plaintiff brought claims seeking declaratory and injunctive relief, and damages against HSBC for alleged violations of the Truth in Lending Act (TILA), contending her lender failed to make required disclosures in a residential loan refinancing agreement executed by the parties, and that because of this, she was entitled to a rescission of her loan agreement. Plaintiff argued that the district court erred in dismissing her claims and by holding that she failed to timely exercise her right of rescission within the applicable three-year time bar specified by TILA. Upon review, the Tenth Circuit agreed with the district court and affirmed its judgment.
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