Final Jesinoski Opinion Proves Garfield Wrong

Neil Garfield has repeatedly asserted on his blog that all a borrower needs to do is send a rescission notice to the creditor in order to effectuate a rescission, whether or not a TILA violation occurred.  And he has tried to con ignorant borrowers into paying $3000 for his useless “TILA RESCISSION PACKAGE” of related legalistic puffery.

Here’s proof that Garfield’s theory of TILA rescission, and of the SCOTUS Jesinoski opinion, is plain wrong.

In 2018 the Jesinoskis appealed the District Court ruling against them, and the 8th Circuirt Court of Appeals held this:

<blockquote>On remand, the district court[1] granted summary judgment, concluding the signed acknowledgment created a rebuttable presumption that the Jesinoskis had received the required number of copies. The court also concluded the Jesinoskis failed to generate a triable question of fact rebutting the presumption. We affirm.</blockquote>

<a href=”https://scholar.google.com/scholar_case?case=13589908972768400499&#8243; rel=”noopener” target=”_blank”>JESINOSKI v. Countrywide Home Loans, Inc., 883 F. 3d 1010 – Court of Appeals, 8th Circuit 2018</a>

You can interpret this to mean that a TILA violation is a condition precedent to TILA rescission. No violation = NO RESCISSION.

Advertisements

Published by

Bob Hurt

See http://bobhurt.com Consumer advocate helping borrowers in foreclosure save their homes and obtain compensation for their injuries.

One thought on “Final Jesinoski Opinion Proves Garfield Wrong”

  1. Garfield is looked upon in the legal community as a buffoon, except by his legally illiterate followers, who propagate his nonsense.

    Like

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s