We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Rescission Of Mortgage Loans Must Be Reasonable

Law360, New York (June 10, 2014, 10:41 AM EDT) -- Just because a borrower has a right to rescind doesn’t mean the borrower can rescind. One of the more popular claims in litigation following the mortgage crisis that began in 2008 is for rescission of a mortgage loan. The Truth in Lending Act provides rescission as a remedy for certain violations related to refinance transactions.[1] But rescission is a unique remedy, unlike most others.

The goal of rescission is to unwind a transaction and return each party to the status quo ante.[2] In the case of a mortgage loan, that means that a lender must terminate its security interest in the...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS