From our private database of 35,400+ case briefs...
Jesinoski v. Countrywide Home Loans
United States Court of Appeals for the Eighth Circuit
883 F.3d 1010 (2018)
Under the Truth in Lending Act (TILA), a lender was required to provide mortgage-loan borrowers with a notice of right to cancel. TILA required that each borrower receive two copies of the notice. Hence, a lender was required to provide two borrowers with a total of four copies. Borrowers were permitted to rescind their loan within three years of the loan execution if the lender failed to provide the required number of copies. Larry and Cheryle Jesinoski (plaintiffs) secured a mortgage loan from Countrywide Home Loans, Inc. (Countrywide) (defendant). The Jesinoskis signed an acknowledgment form stating that they received the right-to-cancel notice. But the Jesinoskis did not remember how many copies they received. More than two years after the loan execution, the Jesinoskis took a file containing their loan documents to Mark Heinzman, a mortgage specialist. Heinzman told the Jesinoskis that the file contained only two copies of the notice. Within three years of the loan execution, the Jesinoskis filed suit to rescind their loan, contending that Countrywide did not provide them with four copies of the right-to-cancel notice. At the district court, the Jesinoskis introduced Heinzman’s statement that the file contained only two copies of the notice. The out-of-court statement was offered to prove that Countrywide did not provide the Jesinoskis with four copies. Countrywide filed a motion for summary judgment, and the district-court judge granted the motion. The Jesinoskis appealed.
Rule of Law
Holding and Reasoning (Melloy, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 618,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 618,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 35,400 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.