15 U.S.C. § 1636
Repealed. Pub. L. 96–221, title VI, § 614(e)(1), Mar. 31, 1980, 94 Stat. 180
[repealed]
Notes of Decisions
Cited in 10
cases, 1973–2016 · leading case: Graybeal v. Am. Sav. & Loan Ass'n, 59 F.R.D. 7 (D.D.C. 1973).
Graybeal v. Am. Sav. & Loan Ass'n, 59 F.R.D. 7 (D.D.C. 1973). “The third and fourth counts of Plaintiffs’ Complaint essentially allege that Defendants have violated two specific provisions of the Truth-in-Lending Act, namely 15 U.S.C. § 1636 and § 1639. It is alleged that Defendants fail to disclose the true annual percentage rate of the…”
DiVittorio v. HSBC Bank USA, NA (In re DiVittorio), 670 F.3d 273 (1st Cir. 2012). “” 15 U.S.C. § 1636 (0(3). The MCCCDA does not mention “rescission in recoupment,” but only “recoupment” generally: “Nothing in this section shall be construed so as to affect a consumer’s right of recoupment under the laws of the commonwealth.”
Mut. Life Ins. v. Bernasek, 682 P.2d 667 (Kan. 1984). “TILA is intended to aid consumers in making informed decisions concerning the extension of credit by requiring the use of uniform vocabulary and disclosures of the costs of credit.”
Paul Umdenstock v. Am. Mortg. & Inv. Co. Of Oklahoma City, 495 F.2d 589 (10th Cir. 1974). “See 15 U.S. C. §§ 1636 and 1639. The finance charge is the sum of all charges payable by the debtor.”
Wise Furniture v. Dehning, 343 N.W.2d 26 (Minn. 1984). “Notwithstanding the hybrid nature of the transaction, the intent of the parties appears to have been to create a closed end consumer credit transaction governed by 15 U.S.C.A. § 1638 (1982). This is consistent with the trial court’s conclusion.”
Daniels v. Funding USA, Inc. (In Re Daniels), 350 B.R. 619 (Bankr. S.D. Florida 2006). “However, the same court also held that the foreclosure judgment was not a bar to claims arising from violations of Section 125 of TILA - 15 U.S.C. § 1636 (b) — the lender’s failure to provide notice of the debtor’s right to rescind.”
Sherzer v. Homestar Mortg. Servs., 849 F. Supp. 2d 501 (E.D. Pa. 2011). “The language extending the rescission period to three years is as follows: An obligor’s right of rescission shall expire three years after the date of consummation of the transaction or upon the sale of the property, whichever occurs first, notwithstanding the fact that the…”
Lowell & Austin, Inc. v. Truax, 507 A.2d 949 (Vt. 1985). “§ 1638 , and by failing to issue the prescribed periodic statements, 15 U.S.C. § 1636 . However, for these provisions to apply the plaintiff must be a “creditor” under the Act.”
Jane Sotanski v. HSBC Bank USA, Na, 671 F. App'x 999 (9th Cir. 2016). “See 15 U.S.C. § 1636 (f) (imposing three-year period to exercise right of rescission under TILA); Jesinoski v.”
Alparone v. Ocwen Loan Servicing, LLC (In Re Alparone), 471 B.R. 104 (Bankr. D.N.J. 2012). “Disclosure understates the actual finance charge by an amount greater than the tolerances established in 15 U.S.C. § 1636 (i)(2).” No details of the disclosure violation were alleged in the complaint.”
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