No. 22-489

Kevin Charles Bertram v. U.S. Bank N.A., as Trustee

Lower Court: Florida
Docketed: 2022-11-22
Status: Denied
Type: Paid
Tags: consumer-protection creditor-notification lending-transaction notice-requirement rescission rescission-right right-to-rescind security-interest statute-of-limitations truth-in-lending-act
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2023-01-20
Question Presented (AI Summary)

Does a borrower have an absolute right to rescind a transaction under the Truth in Lending Act?

Question Presented (OCR Extract)

QUESTIONS PRESENTED: 1. Does a borrower exercise his absolute right to rescind a transaction in satisfaction of the requirements of Section 1635 by “notifying the creditor" in writing within three days for no reason, or in writing within the extended three years for TILA violations from the consummation of the transaction, as the Third, Fourth, Fifth, Eleventh Federal Circuits and the U.S. Supreme Court have held? ’ By ii THE QUESTIONS PRESENTED Continued 2. Does the timely notice effectuate the absolute right to rescind and toll the right to file suit if necessary? 3. Cana court ignore and nullify or find ineffective the borrowers absolute three day right to cancel, or the borrowers extended three year right to cancel for actions taken ie... forced funding of the transaction by the lender or payments made by the borrower? 4. Does the creditor's security interest become void when a consumer rescinds a transaction leaving the consumer not liable for any amount, including any finance charge? 5. Is the creditor required to take action within 20 days of receipt of the notice to rescind? 6. Does the court have an obligation to determine whether the transaction qualifies to rescind and whether the right to cancel notice was timely? 7. Does the right to cancel notice transfer to an assignment of the transaction?

Docket Entries

2023-01-23
Petition DENIED
2023-01-23
Petition DENIED.
2023-01-04
DISTRIBUTED for Conference of 1/20/2023.
2022-09-14
Petition for a writ of certiorari filed. (Response due December 22, 2022)

Attorneys

Kevin C. Bertram
Kevin Charles Bertram — Petitioner
Kevin Charles Bertram — Petitioner