SUMMARY
This chapter is excerpted from the 2013 edition of Consumer Law in Oregon, which will enable you to protect your clients' financial interests and advise them about available rights and remedies. PDF Download - After purchase go to My Content to retrieve your digital file(s).
DESCRIPTION
Chapter 19
TRUTH IN LENDING ACT RESCISSION RIGHTS
David L. Koen
§19.1 INTRODUCTION
§19.2 APPLICABILITY OF RESCISSION TO OPEN- AND CLOSED-END CREDIT
§19.2-1 Open-End Credit
§19.2-2 Closed-End Credit
§19.3 ESSENTIAL ELEMENTS
§19.3-1 Extension of Consumer Credit
§19.3-2 Consumer
§19.3-3 Creditor Subject to TILA
§19.3-4 Finance Charge or More than Four Installments
§19.3-5 Primarily for Personal, Family, or Household Purposes
§19.3-6 Security Interest
§19.3-7 Principal Dwelling
§19.3-8 Excluded Transactions
§19.4 REMEDIES AND DAMAGES
§19.4-1 Consumer’s Rescission Rights in General
§19.4-2 Required Disclosures
§19.4-3 Clear and Conspicuous Requirement
§19.4-4 Failure to Comply with Disclosure Requirements
§19.4-5 Rescission Rights in Foreclosure
§19.4-6 Expiration of Rescission Rights
§19.4-7 Consumer Waiver of Rescission Rights
§19.4-8 Method of Rescission
§19.4-9 Effect of Rescission on Creditor and Consumer
§19.4-10 Equitable Restrictions on the Right of Rescission
§19.4-11 Civil Damages
§19.4-12 Attorney Fees and Court Costs
§19.4-13 Assignee Liability
§19.5 TYPICAL FACT SITUATIONS
§19.5-1 Creditor Properly Provides Material Disclosures and Rescission Notices
§19.5-2 Creditor Fails to Make Material Disclosure
§19.5-3 Consumer May Rescind and Recover Damages
§19.6 DEFENSES
§19.6-1 Statutes of Limitations
§19.6-2 Prohibitions on Assignee Liability
§19.6-3 Statutory Defenses
§19.6-4 Nonstatutory Defenses
§19.7 PLEADING AND PRACTICE
§19.7-1 Jurisdiction
§19.7-2 Pleading