On January 13, 2015, the Supreme Court issued its decision in Jesinoski v. Countrywide Home Loans, Inc. The question in this case was whether, under the terms of the Truth in Lending Act, a borrower may rescind a mortgage transaction merely by notifying the lender in writing within three years of the finalization of the transaction, or must instead file a lawsuit within that same time period.
In an opinion delivered by Justice Scalia for a unanimous Court, the Court held that the borrower need only provide written notice to the lender within the three-year period, not file suit. The decision of the Eighth Circuit was reversed and the case remanded for further proceedings.
To discuss the case, we have John Ohlendorf, who is an associate at the law firm Cooper & Kirk, PLLC.