Linked with:
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 13-684 | 8th Cir. | TBD | TBD | TBD | TBD | OT 2014 |
Issue: 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.
| Date | Proceedings and Orders |
|---|---|
| Dec 6 2013 | Petition for a writ of certiorari filed. (Response due January 6, 2014) |
| Jan 2 2014 | Order extending time to file response to petition to and including February 12, 2014. |
| Jan 23 2014 | Order extending time to file response to petition to and including March 14, 2014. |
| Mar 14 2014 | Brief of respondents Countrywide Home Loans, Inc., et al. in opposition filed. VIDED. |
| Apr 2 2014 | DISTRIBUTED for Conference of April 18, 2014. |
| Apr 2 2014 | Reply of petitioner Larry D. Jesinoski, and Cheryle Jesinoski filed. (Distributed) |
| Apr 21 2014 | DISTRIBUTED for Conference of April 25, 2014. |
So if they recind, they would have to pay back at least the principal of the loan. Where are these folks gpoing to get that money.
IF the bank did wrong, they probably should forefeit the interest but the borrow still needs to make the bank whole for the money funded.