United States Ninth Circuit

Dismissal of an action under the Truth in Lending Act (TILA) and the Real Estate Settlement Practices Act (RESPA) against defendants involved in plaintiffs' residential mortgage is: 1) reversed in part with regard to plaintiffs' rescission claim for failure either to tender the rescindable value of their loan prior to filing suit or to allege ability to tender its value in their complaint, where an allegation of tender or ability to tender is not required; and 2) vacated in part with regard to plaintiffs' claims under section 8 of RESPA, where although the RESPA statutory limitations period ordinarily runs from the date of the alleged RESPA violation, the doctrine of equitable tolling may, in appropriate circumstances, suspend the limitations period until the borrower discovers or had reasonable opportunity to discover the violation.

Appellate Information

• Decided 07/16/2014
• Published 07/16/2014

Judges

• BERZON

Court

• United States Ninth Circuit

Counsel