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Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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Is foreclosure in state court preempted by a Tila rescission

Customer Question

Is foreclosure in state court preempted by a Tila rescission in federal court?
JA: Since laws vary from place to place, what state is this in? And has any paperwork been filed?
Customer: This is a mn foreclosure case that proceeded through the mn. Supreme Court,and that would be our question for Scotus.
JA: Has any paperwork been filed?
Customer: Our petition to reverse summary judgement has been denied by men Supreme Court,and am looking for someone to petition for writ of certiori. Our federal Tila rescission case has raged on for 6 years. We are currently screened for oral argument in the eighth circuit ,after remand from the Supreme Court.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Are they admitted to the Supreme Court?
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you were seeking for educational purposes only.
I am afraid state law forbids any attorney on this site from representing any customer of this site.
We can answer questions only.
Was your rescission timely noticed to the lender within the 3 year statute of limitations? If so there is a Supreme Court case that seems to address that issue, in fact out of MN coincidentally, are you aware of that case yet (I ask because I do not want to tell you things you may already know), as it is the closest case on your issue and newest one out there?
Customer: replied 9 months ago.
Jesinoski vs countrywide was spring boarded by our case Keiran vs HomeCapital. We were linked at the Supreme Court. Upon remand, the bank has moved for summary judgement and foreclosure,and the state court entirely ignored the federal court supplemental jurisdiction, and the preemption rule which apllies to Tila rescissions. 15-usc 1610D
Expert:  Law Educator, Esq. replied 9 months ago.

Thank you for your reply.

That is really the only case out there right now from the courts which seems to indicate the timely filed TILA rescission would preempt foreclosure. There are no other cases saying anything further and that is the newest case. I found nothing more about the preemption other than Jesinoski that was current and all of the older cases seem to dodge the issue and ruled on other grounds instead. I do not know if there is any more to give you.