TILA Rescission Notice
If you are facing foreclosure you may want to consider using a notice of rescission or a TILA rescission notice. Jesinoski Update: TILA Rescission in a Post-Jesinoski World: A little over one year ago, the U.S. Supreme Court issued its ruling in Jesinoski v. Countrywide Home Loans, Inc., 135 S. Ct. 790 (2015), which resolved a circuit court spit regarding how a mortgage borrower may exercise the right of rescission under the Truth-in-Lending-Act (“TILA”).
The right of rescission provided by TILA (15 U.S.C. § 1635) gives borrowers an extended right to rescind within three years if the lender has failed to provide to the borrower either the notice of rescission or accurate material disclosures.
Prior to Jesinoski, there was a circuit court split regarding whether, in order to exercise the extended right of rescission, borrowers only had to provide written notice of rescission or file a lawsuit within the three-year deadline. Read more
Here is a sample of a notice of rescission or TILA rescission notice:
City, State & Zip
Mortgage Servicer Name
(Also send copies to the lender, if known.)
City, State & Zip
RE: Account No.: XXX
VIA CERTIFIED MAIL
Dear Mortgage Servicer:
Pursuant to TILA, 15 U.S.C. § 1635 and Regulation Z, 12 C.F.R. § 226.23, I hereby exercise my right to rescind the mortgage transaction that is identified by the above referenced account number. The primary basis of the rescission is that [I was not provided with a completed copy of the notice of my right to rescind the consumer credit transaction, in violation of 15 U.S.C. § 1635(a) and Regulation Z, 12 C.F.R. §§ 226.17 and 226.23].
Pursuant to TILA and Regulation Z, you have twenty days after receipt of this Notice of Rescission to return all monies paid and to take action necessary and appropriate to terminate the security interest. Please be advised that the mortgage is automatically voided by operation of law upon rescission under 15 U.S.C. § 1635(b). Therefore, any attempt to report this mortgage to a credit agency is a willful violation of TILA and the Fair Credit Reporting Act, 15 U.S.C. § 1681a, et seq.
Please contact me at [phone number] to arrange the delivery to me of all monies paid under the mortgage, including all closing costs, principal, and interest. Additionally, please mail me confirmation the mortgage has been voided and no negative information will be reported to the credit bureaus with respect to this loan.
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