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