Consumer Finance Litigation

In Hartman v. Smith, --- F.3d ---, 2013 WL 4407058 (8th Cir. 2013), the Court of Appeals for the Eight Circuit extended its prior holding and held that a borrower must file suit before foreclosure to exercise his or her right of rescission under the TILA. Plaintiffs RogerHartman, Mavis Hartman, and Maul Lee Hartman filed suit against defendants alleging violations of the TILA and state law. The district court granted summary judgment in favor of defendants on plaintiffs' TILA rescission claim and various state law claims, and the jury found for defendants on the remaining claims ...