United States Ninth Circuit
McOmie-Gray v. Bank of America Home Loans, 10-16487
In a borrower's suit seeking rescission of her loan secured by a trust deed with a bank for alleged violations of disclosure requirements under the federal Truth in Lending Act, the district court's grant of a motion to dismiss for failure to state a claim is affirmed, where the claim for rescission was brought more than three years after the consummation of the loan secured by the first trust deed, so that the three-year statute of repose, 15 USC section 1635(f), required dismissal, regardless of when the borrower sent notice of rescission.
Appellate Information
- Decided 02/08/2012
- Published 02/08/2012
Judges
- Pallmeyer
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Thomas A. Jenkins, James Goldbert