The Truth in Lending Act ('TELA "), 15 U.S.C. §§ 1601 et seq., provides special rescission rights for loans secured by a borrower's principal dwelling. This Court 's unanimous opinion in Jesinoski v. Countrywide Home Loans, Inc., 135 S. Ct. 790 (2015), held that rescission is effected when the borrower notifies the lender of his intention to rescind. In this case, the United States Court of Appeals for the Ninth Circuit held that the TILA rescission claim was time barred purportedly occurring after the applicable three-year period under 15 U.S.C. § 1635(f) The lender 's security interest had been extinguished as a matter of law by the rescission. The foreclosure judgment itself was therefore not valid. The question presented is: Whether, where the right to foreclose is extinguished as a matter of law by federal statute and a unanimous Supreme Court decision, and whether the invalid judgment should stand on the basis of the misapplied 3 year period under 15 U.S.C. § 1635(f).

Whether, where the right to foreclose is extinguished as a matter of law by federal statute and a unanimous Supreme Court decision, and whether the invalid judgment should stand on the basis of the misapplied 3 year period under 15 U.S.C. § 1635(f)