Jesinoski v. Countrywide Home Loans, Inc., No. 16-3385 (8th Cir. 2018)
Annotate this CaseThe Eighth Circuit affirmed the district court's grant of summary judgment on remand in favor of defendants in an action filed by mortgage loan borrowers alleging violation of the Truth in Lending Act (TILA). Specifically, borrowers alleged that the lender did not provide the required number of copies of the required notice and material disclosures, and thus borrowers could rescind their loan on a date just shy of the three-year anniversary of loan execution. The court held that the district court did not err in determining that the signed acknowledgement borrowers had executed created a rebuttable presumption that they received the required number of copies and that borrowers' evidence was insufficient to overcome that rebuttable presumption.
Court Description: Melloy, Author, with Wollman and Loken, Circuit Judges] Civil case - Truth In Lending Act. For the court's prior opinion in the matter dealing with the appropriate statute of limitations for claims, see Jesinoski v. Countrywide Home Loans, 729 F.3d 1092 (8th Cir. 2013), cert. granted and reversed, Jesinoski v. Countrywide Home Loans, 135 S. Ct. 2015). The district court did not err in determining the signed acknowledgement plaintiffs had executed created a rebuttable presumption that they received the required number of copies and that the plaintiffs' evidence was insufficient to overcome that rebuttable presumption.
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