Unanimous Decision: Mortgage borrowers win at Supreme Court
Home loan borrowers need only send a letter to their bank to rescind a contract when disclosure violations are at issue
Home loan borrowers need only send a letter to their bank to rescind a contract when disclosure violations are at issue
By Daniel Goldstein
Published: Jan 13, 2015 5:36 p.m. ET
The U.S. Supreme Court handed a win to mortgage borrowers when they unanimously ruled a lender erred when it insisted that borrowers who opted to back out of a mortgage because of disclosure errors by the bank had to go to court to do so.
Instead, the Court said a mere letter to the bank was sufficient notice under the Truth in Lending Act so long as it was within the three-year window the Act allows.
“So long as the borrower notifies within three years after the transaction is consummated, his rescission is timely,” Justice Antonin Scalia wrote on behalf of the court. “The statute does not also require him to sue within three years,” Scalia added.
Published: Jan 13, 2015 5:36 p.m. ET
The U.S. Supreme Court handed a win to mortgage borrowers when they unanimously ruled a lender erred when it insisted that borrowers who opted to back out of a mortgage because of disclosure errors by the bank had to go to court to do so.
Instead, the Court said a mere letter to the bank was sufficient notice under the Truth in Lending Act so long as it was within the three-year window the Act allows.
“So long as the borrower notifies within three years after the transaction is consummated, his rescission is timely,” Justice Antonin Scalia wrote on behalf of the court. “The statute does not also require him to sue within three years,” Scalia added.
