Jesinoski v. Countrywide Home Loans, Inc.

574 U.S. 259 (2015)

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Jesinoski v. Countrywide Home Loans, Inc.

United States Supreme Court
574 U.S. 259 (2015)

  • Written by Tanya Munson, JD

Facts

On February 23, 2007, Larry and Cheryle Jesinoski (plaintiffs) refinanced the mortgage on their home by borrowing $611,000 from Countrywide Home Loans, Inc. (Countrywide) (defendant). On February 23, 2010, exactly three years later, the Jesinoskis mailed Countrywide a letter expressing their intention to rescind the loan under the Truth in Lending Act (TILA). Bank of America Home Loans (Bank of America) (defendant) replied and refused to acknowledge the validity of the rescission. On February 24, 2011, the Jesinoskis filed suit in district court and sought a declaration of rescission and damages. Countrywide and Bank of America moved for judgment on the pleadings. The district court concluded that the TILA required a borrower seeking rescission to file a lawsuit within three years of the transaction’s consummation and merely notifying the creditor was insufficient. The district court granted Countrywide and Bank of America’s motion because the Jesinoskis did not file their complaint until four years and one day after the loan’s consummation. The Jesinoskis appealed.

Rule of Law

Issue

Holding and Reasoning (Scalia, J.)

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