tila statute of limitations

22 May

Statutes of Limitations for TILA and RESPA Claims – For TILA
claims, the statute of limitations for actions for damages runs one
year after the loan origination.  15 U.S.C. § 1640(e).  For actions
seeking rescission, the statute of limitations is three years from
loan origination.  15 U.S.C. § 1635(f).  For RESPA, actions brought
for lack of notice of change of loan servicer have a statute of
limitation of three years from the date of the occurrence, and actions
brought for payment of kickbacks for real estate settlement services,
or the conditioning of the sale on selection of certain title services
have a statute of limitations of one year from the date of the
occurrence.  12 U.S.C. § 2614.

One Response to “tila statute of limitations”

  1. Alrady May 23, 2011 at 5:36 am #

    I beleive that the TILA recission if there is fraud involved is three years from discovery of fraud not three years from origination. although the banks will never allow the recission and seems that it doesn’t impress judges either. But fraud brings in new deadlines at least according to some. Of course if the systems were perfect almost every case would be upheld in court because of the deception and fraud in the making of the “loans”.

    PS your boxes on the form need fixing… 🙂

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