Michael Helms v. Wells Fargo Bank, N.A., et al.
JusticiabilityDoctri
Whether, where the right to foreclose is extinguished as a matter of law by federal statute and a unanimous Supreme Court decision, and whether the invalid judgment should stand on the basis of the misapplied 3 year period under 15 U.S.C. § 1635(f)
QUESTION PRESENTED: The Truth in Lending Act (“TILA”), 15 U.S.C. §§ 1601 et seq., provides special rescission rights for . loans secured by a borrower's principal dwelling. This Court’s unanimous opinion in Jesinoski v. Countrywide Home Loans, Inc., 135 S. Ct. 790 (2015),held that rescission is effected when the . borrower notifies the lender of his intention to rescind. In this case, the United States Court of Appeals for the Ninth Circuit held that the TILA . rescission claim was time barred purportedly occurring after the applicable three-year period under 15 U.S.C. § 1635(f) The lender’s security interest had been extinguished as a matter of law by . the rescission. The foreclosure judgment itself was therefore not valid. The question presented is: Whether, where the right to foreclose is extinguished as a matter of law by federal statute and a unanimous Supreme Court decision, and whether the invalid judgment should stand on the basis of the misapplied 3 year period under 15 . . US.C. § 1635(f). ae ; 2