Real Property Law Section

For years, mortgage lenders defended TILA rescission actions by arguing that the notice of rescission or action was untimely and/or barred by applicable statute of limitation. In 2015, the U.S. Supreme Court dealt lender’s efforts a severe blow when it held that the notice of rescission could be issued at any time within three (3) years after the loan closed, not file suit to rescind within three years, as the industry had argued (Jesinoski v. Countrywide Home Loans, Inc., 135 S. Ct. 790 (2015). Just recently on December 6, 2018, the Ninth Circuit issued an opinion that further weakened the lenders’ position (Hoang v. Bank of America, N.A., F.3d , Case No. 17-35993, 2018 WL 6367268 (9th Cir. 2018)). Specifically, the Ninth Circuit expanded the time for a borrower to sue to enforce rescission of a loan if a lender fails to wind up the loan after a notice of rescission. Read more

Real Property January 2019 eNews
I want to welcome Ona Dosumnu, the new Executive Director of the CLA, who Roland Brandel has said is a superlative and proven leader. We are really excited to have you on board. Ona, you are going through couple of moves here in the last few months? How is the personal move going?
Thanks, J.R. I’ve settled into my new home nicely and am really enjoying Sacramento so far. Thanks to Amazon Prime, I had everything I needed to be comfortable in my apartment already delivered when I got there. Read more