No. 19-6804

Michael Helms v. Wells Fargo Bank, N.A., et al.

Lower Court: Ninth Circuit
Docketed: 2019-12-03
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: civil-procedure due-process extinguishment foreclosure foreclosure-judgment rescission rescission-rights security-interest statute-of-limitations statutory-interpretation supreme-court-precedent truth-in-lending-act
Key Terms:
JusticiabilityDoctri
Latest Conference: 2020-09-29 (distributed 2 times)
Question Presented (AI Summary)

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 (OCR Extract)

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

Docket Entries

2020-10-05
Petition DENIED.
2020-07-02
DISTRIBUTED for Conference of 9/29/2020.
2020-03-16
Petitioner complied with order of February 24, 2020.
2020-02-24
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until March 16, 2020, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
2020-01-16
DISTRIBUTED for Conference of 2/21/2020.
2019-11-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 2, 2020)

Attorneys

Michael Helms
Michael Helms — Petitioner
Michael Helms — Petitioner