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JESINOSKI v. COUNTRYWIDE HOME LOANS, INC.

No. 16-3385.

883 F.3d 1010 (2018)

Larry D. JESINOSKI; Cheryle Jesinoski, Plaintiffs-Appellants v. COUNTRYWIDE HOME LOANS, INC., doing business as America's Wholesale Lender, a subsidiary of Bank of America, N.A.; BAC Home Loans Servicing, LP, a subsidiary of Bank of America, N.A., a Texas limited partnership, formerly known as Countrywide Home Loans Servicing, L.P.; Mortgage Electronic Registration Systems, Inc., a Delaware corporation; John and Jane Does 1-10, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: February 28, 2018.

Attorney(s) appearing for the Case

Bryan R. Battina , TREPANIER & MacGILLIS, Minneapolis, MN, for Plaintiffs-Appellants.

Matthew Allen Fitzgerald , Brian David Schmalzbach , McGUIRE & WOODS, Richmond, VA, Andre Timothy McCoy Hanson , FULBRIGHT & JAWORSKI, Minneapolis, MN, David S. Reidy , REED & SMITH, San Francisco, CA, for Defendants-Appellees.

Before WOLLMAN, LOKEN, and MELLOY, Circuit Judges.

Mortgage loan borrowers Larry and Cheryle Jesinoski received Truth in Lending Act ("TILA") disclosure documents at their loan closing. Pursuant to TILA and its regulations, borrowers may rescind their loan within three days of closing, but the rescission period extends to three years if the lender fails to deliver "the required...

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