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Takushi v. BAC Home Loans Servicing, LP

Petition granted, judgment vacated and case remanded for further consideration in light of Jesinoski v. Countrywide Home Loans on January 20, 2015

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Docket No. Op. Below Argument Opinion Vote Author Term
13-884 9th Cir. N/A N/A N/A N/A OT 2014

Issue: Whether, pursuant to Section 1635(f) of Title 15 of the U.S. Code, a borrower seeking to rescind a mortgage loan based upon Truth in Lending Act violations must bring suit within three years of loan consummation; and (2) if so, whether such a restrictive interpretation of Section 1635(f) of Title 15 should be limited to prospective application only as a new rule, since most borrowers and their attorneys otherwise relied to their detriment upon a contrary interpretation of the relevant language contained in this Court's 1998 decision in Beach v. Ocwen Federal Bank.

DateProceedings and Orders (key to color coding)
Jan 14 2014Petition for a writ of certiorari filed. (Response due February 24, 2014)
Jan 27 2014Order extending time to file response to petition to and including March 14, 2014.
Mar 14 2014Response to petition from respondent BAC Home Loans Servicing, LP filed. VIDED.
Apr 2 2014DISTRIBUTED for Conference of April 18, 2014.
Apr 7 2014Reply of petitioner Rocky Fujio Takushi, Individually and as Trustee of The Albert G. Takushi Revocable Living Trust Dated April 11, 2007 filed. (Distributed)
Apr 21 2014DISTRIBUTED for Conference of April 25, 2014.
Jan 13 2015DISTRIBUTED for Conference of January 16, 2015.
Jan 20 2015Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Jesinoski v. Countrywide Home Loans, 574 U. S. ___ (2015).
Feb 23 2015JUDGMENT ISSUED.