Law

Ask a Legal Question, Get an Answer ASAP!

Have your own Legal question?

29 Lawyers are Online Now

characters left:

Not a Legal Question?

Question

Can a mortgagor sue a lender for damages related to TILA violations after one year? and if so does this require tolling? What are the precedents for tolling?

Submitted: 15 days and 4 hours ago.

Category: Legal

Value: $38

Status: CLOSED

State/Country relating to Question: California

Posted by Steinlaw 15 days and 4 hours ago.

Answer

Thank you for your question and I look forward to assisting you. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you have put all of the information in your question. Also, due to site reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if it means more interactions between us. Also, there may be future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. That being said...

Yes you can but it does require tolling. Depending on where you are in California, you may or may not have success with it.

Good luck.

Legal Disclaimer. By requesting this information, you expressly agree to the following: The information given is not legal advice. You should not and may not rely on anything on this website as legal advice. The nominal price you may or may not pay for information does not pay for any legal advice. I am neither establishing nor accepting an attorney-client relationship. The only method of gaining an attorney/client relationship with me is via a retainer and signed fee agreement, which is not offered via this site. I am providing only resources, opinion and information for you to be informed and educated about your particular rights and needs. My answer is limited to the facts presented with the understanding that you will do your proper due diligence and appropriate follow up with an attorney licensed in your state. I do not provide general or specific legal advice on this site. I also am licensed to practice only in California, which may not be the state where this information is being provided or state whose law would apply, if any. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and its associated sites.

15 days and 4 hours ago.

Reply

If you can refer me to some cases in which TILA tolling was successful I will gladly accept your fee.

Posted by Steinlaw 15 days and 3 hours ago.

Answer

Try these:
160 F.3d 703
265 F3d 366
9678 F2d 1220

15 days and 2 hours ago.

Reply

I'm new to lexis searches but 265 F3d 366 seems to have unsuccessfully tolled and I cannot find 9678 F2d 1220. Any suggestions?

Posted by Steinlaw 15 days and 2 hours ago.

Answer

I am sorry. It is 968 Fd 1220

15 days and 2 hours ago.

Reply

still nothing.. do you have the names perhaps?

Posted by Steinlaw 15 days and 2 hours ago.

Answer

Heagarty v. Home Savings of America

Also, try this: 784 F.2d 910

15 days and 2 hours ago.

Reply

this case seems to just reinforce that TILA is subject to equitable tolling, not that the particular case was able to succsefully toll - what I need is a case in which equitable tolling is successful. My guess is that it is very difficult to prove fraud and that is the only way TILA can be tolled?

Accepted Answer

You generally need fraud, or something close to it, to get tolling. Here is a Supreme Court case on tolling: Rotella v. Wood, 528 U.S. 549

See also 15 U.S.C. § 1635(f)

Accepts:
Expert:	Steinlaw
Pos. Feedback:	99.3 %
Answered:	11/6/2009

Attorney

8+ years as an insurance adjuster, 5+ years as a personal injury and consumer law attorney

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Law

Have your own Legal question?

Related Law Topics:

Question

Can a mortgagor sue a lender for damages related to TILA violations after one year? and if so does this require tolling? What are the precedents for tolling?

Optional Information

State/Country relating to Question: California

Answer

Reply

If you can refer me to some cases in which TILA tolling was successful I will gladly accept your fee.

Answer

Try these:
160 F.3d 703
265 F3d 366
9678 F2d 1220

Reply

I'm new to lexis searches but 265 F3d 366 seems to have unsuccessfully tolled and I cannot find 9678 F2d 1220. Any suggestions?

Answer

I am sorry. It is 968 Fd 1220

Reply

still nothing.. do you have the names perhaps?

Answer

Heagarty v. Home Savings of America

Also, try this: 784 F.2d 910

Reply

this case seems to just reinforce that TILA is subject to equitable tolling, not that the particular case was able to succsefully toll - what I need is a case in which equitable tolling is successful. My guess is that it is very difficult to prove fraud and that is the only way TILA can be tolled?

Accepted Answer

You generally need fraud, or something close to it, to get tolling. Here is a Supreme Court case on tolling: Rotella v. Wood, 528 U.S. 549

See also 15 U.S.C. § 1635(f)

Law

Have your own Legal question?

Related Law Topics:

Question

Can a mortgagor sue a lender for damages related to TILA violations after one year? and if so does this require tolling? What are the precedents for tolling?

Optional Information

State/Country relating to Question: California

Answer

Reply

If you can refer me to some cases in which TILA tolling was successful I will gladly accept your fee.

Answer

Try these: 160 F.3d 703265 F3d 3669678 F2d 1220

Reply

I'm new to lexis searches but 265 F3d 366 seems to have unsuccessfully tolled and I cannot find 9678 F2d 1220. Any suggestions?

Answer

I am sorry. It is 968 Fd 1220

Reply

still nothing.. do you have the names perhaps?

Answer

Heagarty v. Home Savings of AmericaAlso, try this: 784 F.2d 910

Reply

this case seems to just reinforce that TILA is subject to equitable tolling, not that the particular case was able to succsefully toll - what I need is a case in which equitable tolling is successful. My guess is that it is very difficult to prove fraud and that is the only way TILA can be tolled?

Accepted Answer

You generally need fraud, or something close to it, to get tolling. Here is a Supreme Court case on tolling: Rotella v. Wood, 528 U.S. 549See also 15 U.S.C. § 1635(f)

Related Legal Questions

Try these:
160 F.3d 703
265 F3d 366
9678 F2d 1220

Heagarty v. Home Savings of America

Also, try this: 784 F.2d 910

You generally need fraud, or something close to it, to get tolling. Here is a Supreme Court case on tolling: Rotella v. Wood, 528 U.S. 549

See also 15 U.S.C. § 1635(f)