Seventh Circuit Holds Courts Can Require Up-Front Tender In TILA Rescission Cases

more+
less-
more+
less-

On May 28, the U.S. Court of Appeals for the Seventh Circuit affirmed a district court’s holding that required two borrowers who prevailed on their TILA rescission claims to tender the amounts advanced to them before requiring the banks to release their security interests. Iroanyah v. Bank of Am., No. 13-1382, 2014 WL 2198562 (7th Cir. May 28, 2014). After becoming delinquent on two mortgage loans and facing foreclosure actions, the borrowers filed suit, prevailing on their rescission and certain statutory claims but failing on other statutory claims. The district court ruled that the borrowers would be required to return the enumerated tender amounts prior to requiring the banks to release their security interests. On appeal, the Seventh Circuit held that this was a proper exercise of discretion under TILA. The court explained that “rescission is a process involving two parties, each with their own obligations” and that “[t]ender is inherently part of rescission, not an occasional effect of it.” The court joined the First, Fourth, and Eighth Circuits in holding that “a borrower’s inability to satisfy his tender obligations may make rescission . . . impossible.” Further, the court held that the district court did not abuse its discretion when it refused to allow the borrowers to repay in installments over the life of the original loans and instead required them to tender in 90 days.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© BuckleySandler LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×
Loading...
×
×