United States Eighth Circuit

In a dispute over the right to rescind a loan secured by a mortgage on a home, district court's grant of plaintiff's motion for summary judgment is reversed and remanded where plaintiff violated the Truth in Lending Act by failing to clearly and conspicuously disclose the defendant's three-day right to rescind the transaction, thus giving rise to a three-year period of rescission.

Appellate Information

• Decided 03/20/2009
• Published 03/20/2009

Judges

• BYE, Circuit Judge., Before BYE, SMITH, and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Nina F. Simon, argued, Washington, DC, Kathleen Keest, Melissa Briggs, Daniel Mosteller, Washington, DC, John M. Tancable, St. Paul, MN, on the brief, for appellant.


• For Appellees:
  
• Eric D. Cook, argued, Christina M. Weber, on the brief, Woodbury, MN, for appellee.