No. 18-8413

Francisco K. Avoki v. Carolinas Telco Federal Credit Union, et al.

Lower Court: Fourth Circuit
Docketed: 2019-03-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-split civil-procedure civil-rights consumer-protection creditor-notification due-process rescission rescission-right standing statute-of-limitations statutory-interpretation three-year-period tila truth-in-lending-act truth-in-lending-act-tila
Key Terms:
JusticiabilityDoctri
Latest Conference: 2019-05-09
Question Presented (AI Summary)

Does a borrower exercise his right to rescind a transaction in satisfaction of the requirement of Section 1635 by notifying the creditor in writing within three years of the consummation of the transaction, or must a borrower file a lawsuit within three years of the consummation of the transaction?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED Does a borrower exercise his right to rescind a transaction in satisfaction of the requirement of Section 1635 by “ [N]otifying the creditor” in writing within three (3) years of the consummation of the transaction, as the Third, Eleventh Circuit and the US Supreme Court have . held, or must a borrower file a lawsuit’ within three years of the consummation of the transaction , as the First, : Fourth, Sixth, Eighth, Ninth and Tenth Circuits have held? . For sake of clarity and comprehensibility, the US : Supreme Court has already granted certiorari in couple cases that present this question of TILA’such as: . a) Jesinosky v. Countrywide Home Loans (US Supreme Court file N° 13-394 Certiorari granted April 28, 2014, final decision on January 15, 2015; , b) Gary R. Peterson, et UX v. Bank of America, N.A US . Supreme Court File N° 13-1526 , Certiorari granted January 20, 2015 with final decision on February 23, 2015 ; . c) Others cases such as Rocky Takushi v. BAC Home : Loans servicing; Alain Keiran v. Home capital Inc...) and others cases. . iii ,

Docket Entries

2019-08-05
Rehearing DENIED.
2019-07-11
DISTRIBUTED.
2019-05-25
Petition for Rehearing filed.
2019-05-13
Petition DENIED.
2019-04-24
DISTRIBUTED for Conference of 5/9/2019.
2019-03-19
Waiver of right of respondent Carolinas Telco Federal Credit Union to respond filed.
2018-12-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 12, 2019)

Attorneys

Carolinas Telco Federal Credit Union
James Monroe Dedman IVGallivan, White, & Boyd, P.A., Respondent
James Monroe Dedman IVGallivan, White, & Boyd, P.A., Respondent
Francisco K. Avoki
Francisco K. Avoki — Petitioner
Francisco K. Avoki — Petitioner