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Takushi v. BAC Home Loans Servicing, LP

Linked with Jesinoski v. Countrywide Home Loans, Inc. (13-684), Keiran v. Home Capital, Inc. (13-705)

Petition granted, judgment vacated and case remanded for further consideration in light of Jesinoski v. Countrywide Home Loans on January 20, 2015

Docket No.13-884
Op. Below9th Cir.
SCOTUS Page

Issue

Whether, pursuant to Section 1635(f) of Title 15 of the U.S. Code, a borrower seeking to rescind a mortgage loan based upon Truth in Lending Act violations must bring suit within three years of loan consummation; and (2) if so, whether such a restrictive interpretation of Section 1635(f) of Title 15 should be limited to prospective application only as a new rule, since most borrowers and their attorneys otherwise relied to their detriment upon a contrary interpretation of the relevant language contained in this Court's 1998 decision in Beach v. Ocwen Federal Bank.

Proceedings & orders timeline

Jan 14, 2014
Petition for a writ of certiorari filed. (Response due February 24, 2014)
Jan 27, 2014
Order extending time to file response to petition to and including March 14, 2014.
Mar 14, 2014
Response to petition from respondent BAC Home Loans Servicing, LP filed. VIDED.
Apr 2, 2014
DISTRIBUTED for Conference of April 18, 2014.
Apr 7, 2014
Reply of petitioner Rocky Fujio Takushi, Individually and as Trustee of The Albert G. Takushi Revocable Living Trust Dated April 11, 2007 filed. (Distributed)
Apr 21, 2014
DISTRIBUTED for Conference of April 25, 2014.
Jan 13, 2015
DISTRIBUTED for Conference of January 16, 2015.
Jan 20, 2015
Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Jesinoski v. Countrywide Home Loans, 574 U. S. ___ (2015).
Feb 23, 2015
JUDGMENT ISSUED.

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