No. 19-923

Timothy Barnes v. Chase Home Finance, LLC, et al.

Lower Court: Ninth Circuit
Docketed: 2020-01-24
Status: Denied
Type: Paid
Response Waived
Tags: civil-rights due-process federal-circuit-court federal-statutes ownership-interest principal-dwelling property-rights rescission-rights state-law state-law-interpretation truth-in-lending-act
Latest Conference: 2020-03-06
Question Presented (from Petition)

Does a consumer have the right to exercise federal TILA rescission protection where applicable state law has defined his ownership interest in a way that activates that protection, or may a federal circuit court of appeal deny that protection by relying on a term atextual to the Act, such that its decision directly conflicts with the property rights decisions rendered by a state's highest court?

Question Presented (AI Summary)

Does a consumer have the right to exercise federal TILA rescission protection where applicable state law has defined his ownership interest in a way that activates that protection, or may a federal circuit court of appeal deny that protection by relying on a term atextual to the Act, such that its decision directly conflicts with the property rights decisions rendered by a state's highest court?

Docket Entries

2020-03-09
Petition DENIED.
2020-02-19
DISTRIBUTED for Conference of 3/6/2020.
2020-02-04
Waiver of right of respondents IBM Lender Business Process Services, Inc. & Federal National Mortgage Association to respond filed.
2020-01-28
Waiver of right of respondents Chase Home Finance, LLC and Chase Bank USA, N.A. to respond filed.
2020-01-22
Petition for a writ of certiorari filed. (Response due February 24, 2020)

Attorneys

Chase Home Finance, LLC and Chase Bank USA, N.A.
Kevin H. KonoDavis Wright Tremaine, LLP, Respondent
IBM Lender Business Process Services, Inc. & Federal National Mortgage Association
Lance E. OlsenMcCarthy & Holthus, LLP, Respondent
Timothy Barnes
Jon Dennis PelsThe Pels Law Firm, LLC, Petitioner