Jesinoski, et al. v. Countrywide Home Loans, Inc., et al., No. 12-2202 (8th Cir. 2013)
Annotate this CaseMortgagors appealed the district court's grant of judgment on the pleadings to their lenders in a dispute regarding a home loan. At issue on appeal was whether mailing a notice of rescission within three years of consummating a loan was sufficient to "exercise" the right to rescind a loan transaction under 15 U.S.C. 1635(a) or, alternatively, whether a party seeking to rescind the transaction was required to file a lawsuit within the three-year statutory period. The court held that a party seeking to rescind a loan transaction must file suit within three years of consummating the loan. Accordingly, the court affirmed the district court's judgment on the pleadings in favor of the lenders.
Court Description: Civil case - Truth in Lending Act. This court recently held that a party seeking to rescind a loan transaction must file suit with three years of consumating the loan, see Keiran v. Home Capital, Inc., 720 F.3d 721 (8th Cir. 2013), and this panel is bound by that decision. Judge Melloy concurring in the result. Judge Colloton, concurring.
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