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TILA Rescission Update

Livinglies's Weblog

On balance I would continue to include it in pleadings and correspondence.

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THIS ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER.
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On TILA rescission I am ambivalent: The statute says one thing and the Courts are doing another thing entirely — still choosing to ignore it despite a very short definite opinion in the Jesinoski case.

  1. In favor of adding it: It’s certainly worthy of mention and I maintain a very strong belief that ultimately the courts will be forced by the US Supreme Court to stop playing games, to wit: the statute is procedural and there are plenty of judicial remedies available to vacate a “bad rescission” — if that is the case — but ignoring it is not one of the options.
  2. Against adding…

View original post 505 more words

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