The Jesinoski Opinion Vs. The Statute Of Limitations

Law360, New York (September 13, 2016, 4:00 PM EDT) -- Jason E. Goldstein

John L. Hosack Before the U.S. Supreme Court opinion in Jesinoski v. Countrywide Home Loans Inc. (2015) __ U.S. __, 135 S.Ct. 790, the law in the Ninth Circuit was that a borrower who sought to exercise a conditional right of rescission under the Truth-In-Lending Act (TILA) was required to exercise that right within three years of the consummation of the loan and to file suit within that same three year period to enforce that right if the rescission request was not complied with. See, McComie-Gray v. Bank of Am. Home Loans, 667 F.3d 1325, 1329 (9th Cir....

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