News & Analysis as of

Supreme Court of the United States › Written Notice

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
McNees Wallace & Nurick LLC

Janus Holding Does Not Relieve Public Sector Employees of Contractual Obligations to Pay Dues

McNees Wallace & Nurick LLC on

Way back in 2018, we wrote about the Supreme Court of the United States’ decision in Janus, which held that compelling public sector employees to pay “fair share fees” to unions violates the First Amendment. As a refresher, a...more

Hahn Loeser & Parks LLP

How to Comply With Vaccine-or-Test Requirements when Compliance May be Beyond Your Control

Hahn Loeser & Parks LLP on

With OSHA’s Emergency Temporary Standard (ETS) hanging in the balance of a special January 7, 2022, U.S. Supreme Court session, your organization should nonetheless prepare to comply with a Vaccine-or-Test COVID-19 policy. As...more

Spilman Thomas & Battle, PLLC

Supreme Court Provides TILA Home Loan Rescission Guidance

Spilman Thomas & Battle, PLLC on

In a recent unanimous decision, the United States Supreme Court held that a borrower exercising her right to rescind a mortgage loan under the Truth in Lending Act (“TILA”) merely had to provide written notice of rescission...more

Spilman Thomas & Battle, PLLC

All Consuming - Legal Updates for Consumer Finance Professionals

Spilman Thomas & Battle, PLLC on

In This Issue: - Supreme Court Provides TILA Home Loan Rescission Guidance - West Virginia Legislature Proposes Changes to the WVCCPA - Defeating Another Challenge to the Mortgage Electronic Registration System...more

Dorsey & Whitney LLP

Supreme Court’s Jesinoski Ruling Provides Clarity on TILA Rescission While Creating Many Questions

Dorsey & Whitney LLP on

On January 13, 2015, the U.S. Supreme Court settled a circuit court split regarding how and when a mortgage borrower may exercise the right of rescission under the Truth-in-Lending-Act (“TILA”) and the CFPB’s implementing...more

Stinson LLP

Supreme Court Issues Significant Decision Interpreting Truth In Lending Act

Stinson LLP on

In a unanimous decision issued on January 13, the Supreme Court held that a borrower exercises its right to rescind under Section 1635 of the Truth In Lending Act (TILA), simply by notifying its creditor of its intent to...more

Nossaman LLP

A Closer Look At T-Mobile V. Roswell

Nossaman LLP on

On Jan. 14, the U.S. Supreme Court issued its long-awaited decision in T-Mobile South LLC v. City of Roswell, holding that the city violated the "in writing" requirement of the Federal Telecommunications Act of 1996, 47...more

Sherman & Howard L.L.C.

Rescission of Home Mortgage Loans

Sherman & Howard L.L.C. on

The Truth-in-Lending Act (“Act”) was adopted in 1969. It has spawned dozens of lawsuits and hundreds of administrative rules and interpretations. Recently, the United States Supreme Court had an opportunity to address the...more

Manatt, Phelps & Phillips, LLP

Borrowers Need Not File Suit to Rescind Mortgage Loan Under TILA, U.S. Supreme Court Holds

Manatt, Phelps & Phillips, LLP on

Why it matters - In a victory for consumers, the U.S. Supreme Court unanimously ruled that the Truth in Lending Act (TILA) does not require borrowers to file suit to rescind a mortgage loan transaction within the...more

Blank Rome LLP

Supreme Court Rules Written Notice Is Sufficient to Rescind under TILA

Blank Rome LLP on

Action Item: In light of the United States Supreme Court’s decision in Jesinoski, lenders should be aware that written notice provided by the borrower, within three years of the loan consummation, is sufficient to exercise...more

Bilzin Sumberg

Supreme Court Eases Requirements for Homeowners Rescinding Mortgages

Bilzin Sumberg on

The U.S. Supreme Court recently held in Jesinoski v. Countrywide Home Loans, Inc. that borrowers exercising their right to rescind mortgages under the Truth in Lending Act (“TILA”) only need to provide written notice to...more

Bradley Arant Boult Cummings LLP

No Lawsuit Required to Rescind: U.S. Supreme Court Clarifies Mortgage Rescission Notification Requirements for Borrowers under...

Bradley Arant Boult Cummings LLP on

Background of Notice versus Lawsuit Issue - The Truth in Lending Act (“TILA”), as implemented by Regulation Z, provides borrowers with a powerful tool: the right to rescind certain mortgage loan transactions. This...more

Miller & Martin PLLC

High Court Clarifies TILA Rescission Procedure

Miller & Martin PLLC on

In Jesinoski v. Countrywide Home Loans, et al. (No. 13-684), the U.S. Supreme Court has eased the process by which a borrower may seek to walk away from his home mortgages, holding that the borrower, in order to avail himself...more

Snell & Wilmer

Supreme Court Unanimously Resolves Circuit Split Regarding Notice Requirement for Truth in Lending Act Right of Rescission

Snell & Wilmer on

In Jesinoski v. Countrywide Home Loans, Inc., decided January 13, 2015, the United States Supreme Court resolved a circuit split and clarified that borrowers need not file a complaint in order to invoke their right to rescind...more

Holland & Knight LLP

SCOTUS Ruling Makes it Easier for Borrowers to Rescind Home Loan Under Truth in Lending Act

Holland & Knight LLP on

On January 13, 2015, the U.S. Supreme Court unanimously ruled that borrowers may reserve and effect their right to rescission by simply notifying creditors of their intent to rescind a loan within three years after receiving...more

Baker Donelson

Supreme Court Resolves Circuit Split Over TILA Rescissions Limitations Period

Baker Donelson on

The United States Supreme Court ruled yesterday that a borrower relying on the Truth in Lending Act (TILA) to rescind his mortgage loan need only mail written notice of his intent to his lender within three years of the...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Jesinoski v. Countrywide Home Loans, Inc.

Faegre Drinker Biddle & Reath LLP on

On January 13, 2015, the U.S. Supreme Court held that borrowers exercising their right to rescind a loan under the Truth in Lending Act must provide written notice to their lender within the three-year rescission period but...more

Lowndes

U.S. Supreme Court Victory for T-Mobile

Lowndes on

On January 14, 2015, the U.S. Supreme Court issued an opinion in T-Mobile South, LLC v. City of Roswell, Georgia, Case No. 13-975, reversing a decision of the Eleventh Circuit Court of Appeals. At issue: whether an...more

Goodwin

Supreme Court Grants Certiorari on Notice of Rescission Under TILA

Goodwin on

The United States Supreme Court indicated that it will review an opinion from the United States Court of Appeals for the Eighth Circuit involving whether notice alone was sufficient to effectuate a rescission under the Truth...more

19 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide