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Jenkins v. Landmark Mortgage Corp. of Virginia

696 F. Supp. 1089 (1988)

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Jenkins v. Landmark Mortgage Corp. of Virginia

United States District Court for the Western District of Virginia
696 F. Supp. 1089 (1988)

AR

Facts

On August 25, 1987, Jenkins (plaintiff) received a mortgage from First American Mortgage and Loan Association of Virginia. Houff was the agent who closed the mortgage for First American. During closing, Houff gave Jenkins the required “Notice of Right to Cancel” but failed to give Jenkins copies of disclosures required under the Truth in Lending Act. Orally, Houff told Jenkins that Jenkins had a right to rescind the agreement if the lender received notice by August 28 at midnight. Houff then mailed the required disclosures to Jenkins, along with a cover letter that reiterated the midnight rescission deadline and stated that Jenkins would be liable for some fees even if Jenkins rescinded the loan. Jenkins did nothing, and Landmark Mortgage Corporation of Virginia (defendant) bought the loan. Jenkins defaulted and informed Landmark that she wished to rescind on June 21, 1988. Landmark started foreclosure proceedings against Jenkins’s home. Jenkins sued, arguing that she had effectively rescinded her agreement. Landmark responded that the rescission period had already passed.

Rule of Law

Issue

Holding and Reasoning (Michael, J.)

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