California Court of Appeal
U.S. Bank N.A. as Trustee v. Naifeh, 142994
In an action alleging that defendants had fraudulently signed and recorded numerous documents, which purported to divest respondent of title to the real property it had obtained through the foreclosure process after defendant defaulted on her loan, the trial court's judgment against defendants for cancellation of written instruments, Civ. Code section 3412, is vacated where, in light of a recent U.S. Supreme Court case, a borrower may rescind the loan transaction under the Truth in Lending Act (TILA), 15 U.S.C. section 1601 et seq., without filing a lawsuit, but when the rescission is challenged in litigation, the court has authority to decide whether the rescission notice is timely and whether the procedure set forth in the TILA should be modified in light of the facts and circumstances of the case.
Appellate Information
- Published 2016/07/19
Judges
- NEEDHAM
Court
- California Court of Appeal