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122202P.pdf 09/10/2013 Larry Jesinoski v. Countrywide Home Loans, Inc.
U.S. Court of Appeals Case No: 12-2202
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Per Curiam - Before Loken, Melloy and Colloton, Circuit
Judges]
Civil case - Truth in Lending Act. This court recently held that a party
seeking to rescind a loan transaction must file suit with three years of
consumating the loan, see Keiran v. Home Capital, Inc., 720 F.3d 721 (8th
Cir. 2013), and this panel is bound by that decision. Judge Melloy
concurring in the result. Judge Colloton, concurring.
163385P.pdf 02/28/2018 Larry Jesinoski v. Countrywide Home Loans, Inc.
U.S. Court of Appeals Case No: 16-3385
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Melloy, Author, with Wollman and Loken, Circuit Judges]
Civil case - Truth In Lending Act. For the court's prior opinion in the
matter dealing with the appropriate statute of limitations for claims, see
Jesinoski v. Countrywide Home Loans, 729 F.3d 1092 (8th Cir. 2013), cert.
granted and reversed, Jesinoski v. Countrywide Home Loans, 135 S. Ct.
2015). The district court did not err in determining the signed
acknowledgement plaintiffs had executed created a rebuttable presumption
that they received the required number of copies and that the plaintiffs'
evidence was insufficient to overcome that rebuttable presumption.