Rescinding mortgage rules clarified by Supreme Court


If home buyers want to back out of a mortgage, they don’t need to file a lawsuit, but may simply write a letter according to a recent Supreme Court ruling. Especially if they assert that their lender violated the federal Truth in Lending Act. The decision was made in a case involving Larry and Cheryle Jesinoski, a Minnesota couple who refinanced their home in 2007 with Countrywide Home Loans, Inc. They made claims that the company failed to provide the necessary disclosures required under federal law. The Jesinoskis sent a written notice of rescission within three years after the loan closed. A federal judge and 8th U.S. Circuit Court of Appeals affirmed that they should have filed a lawsuit instead. The Supreme Court then stepped in and said written notice was more than enough. Justice Antonin Scalia said that the resolution of the case was simple because the Jesinoskis mailed the bank their notice prior to the three-year deadline.


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