Truth In Lending Act (TILA)
15 U.S. Code § 1602 – Definitions and rules of construction
The SCOTUS recently affirmed the simplicity of rescission in Jesinoski v Countrywide Home Loans.
Read a discussion of the opinion here:
The lender, upon receiving a rescission notice may either accept the rescission or dispute it. If accepted the lender must return all payments and terminate its security interest. The borrower then must tender the loan proceeds to the lender. Should the lender wish to contest the rescission notice, it should send a letter so stating to the borrower. Then either the lender or the borrower may file a declaratory judgment action to determine whether the notice was valid.
Warning, if the borrower files a lawsuit, there is a filing fee and there is an obligation by the borrower to certify that they are making a pleading in good faith and upon a reasonable investigation. That should weed out a lot of truly frivolous claims. Without that mechanism in place, anyone can send a letter and assert a rescission demand, but if they do, they will be sanctioned.
Charlatans and Bozos in the foreclosure pretense defense industry have made grand pronouncements about how many lawsuits borrowers will file for rescission or injury resulting from having a rescission effort denied. Frankly, I have no idea how many borrowers gave the lender a TIMELY TILA rescission notice. But it makes no sense for the majority of borrowers over the past 7 or 8 years because many bought at the peak of the market, and 3 years later they had underwater loans because of the collapse of house values generally. How could they pay that back? Well, the arithmetic would allow subtraction Borrower Repayment minus Lender Repayment. That might yield a sufficiently low amount for the borrower to sell the house in order to raise the money for repaying the lender. But, in many cases, borrowers would still fall short, and they could not repay the lender, so the court would not order a rescission.
Yes, a few rescission lawsuits will come up, but not that many. The Foreclosure pretender defenders will gladly take those borrower’s money for filing the action.