Francisco K. Avoki v. Carolinas Telco Federal Credit Union, et al.
Does a borrower exercise his right to rescind a transaction in satisfaction of the requirement of Section 1635 by" [N]oti±ring the creditor" in writing within three (3) years of the consummation of the transaction, as the Third, Eleventh Circuit and the US Supreme Court have held, or must a borrower file a lawsuit within three years of the consummation of the transaction , as the First, Fourth, Sixth, Eighth, Ninth and Tenth Circuits have held?
Does a borrower exercise his right to rescind a transaction in satisfaction of the requirement of Section 1635 by notifying the creditor in writing within three years of the consummation of the transaction, or must a borrower file a lawsuit within three years of the consummation of the transaction?