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Home » Borrowers Can’t Seek Rescission After TILA’s Three Year Repose
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Borrowers Can’t Seek Rescission After TILA’s Three Year Repose

June 25, 2012
In Rosenfield v HSBC Bank, the U.S. Court of Appeals for the Tenth Circuit recently ruled that borrowers cannot seek rescission after the Truth in Lending Act’s three-year statute of repose expires, even if the borrower had sent a notice of rescission within the three-year period. Beyond the ruling of the facts of the case, the court’s decision is another blow to the Consumer Financial Protection Bureau. Early this year, the CFPB had argued in a friend-of-the-court brief that TILA Section 125 (U.S.C. Section 1635) gives consumers a statutory right to rescind qualifying mortgage...
News Inside Mortgage Finance Inside the CFPB Servicing Enforcement Regulation TILA
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