Trade and Lending Act Violation Class Rescission Essay

Trade and Lending Act Violation Class Rescission - Essay Example The families now want to rescind their mortgages. The clinic has already sent a letter to LFB on behalf of all the families. The KF cannot afford individual lawyers and must sue as a class, requesting rescission of the mortgages. LFB has refused to rescind the mortgages, because the three day right of rescission period had passed. Probably. Class action rescissions under the TILA will likely be permissible because while the KF may not be successful in arguing that the plain language of the TILA included class rescissions, the KF will like prevail because of the Congressional intent in protecting consumers along with the KF seeking a judgment as a class in order to then individually seek rescission justify class rescissions under the TILA. The KF will also likely prevail because their particular situation can only be remedied by class rescissions. The TILA was enacted in 1968 to ensure that creditors provide a meaningful disclosure of credit terms giving the consumer the ability to easily compare the various credit terms available to them and avoid uniform uses of credit. Truth and Lending Act, 15 U.S.C. 1601 (1995). Creditors must clearly and conspicuously disclose certain key terms such as annual percentage rates, finance charges, and the total number of loan payments due before consummating a credit transaction. Elizabeth Renuart, Stop Predatory Lending 84 (National Consumer Law Center) (2002). The TILA allows the consumer a right to rescind a transaction for non-purchase money home-secured loans if a creditor fails to make specific disclosures for up to three years. Truth and Lending Act, 15 U.S.C. 1635(f) (1995). Rescission voids the security interest in the home and eliminates the obligation to pay interest or other finance charges or closing costs. Elizabeth Renuart, Stop Predatory Lending 99 (National Consumer Law Center) (2002). Courts have not accepted the TILA class actions lawsuits lightly. Williams v. Empire Funding Corp., 183 F.R.D. 428, 435 (1998). The TILA does create a right for debtors to rescind their contracts under 15 U.S.C.A. 1635, while the TILA addresses class action damages under 15 U.S.C.A. 1640, Truth and Lending Act, 15 U.S.C. 1635, 1640 (1995). It does not address class action suits for rescission explicitly. There is no controlling precedent on this issue; consequently, courts appear divided on this matter. Some courts say that class rescissions are inappropriate, while other courts have relied on carefully drafted complaints to assist in deciding on granting rescission. Elizabeth Renuart, Stop Predatory Lending 106 (National Consumer Law Center) (2002). The factors courts consider are considered in this memo: (1) the plain language of the