Wells Fargo Bank, N.A. v. Terry

Ernestine Terry, defendant, counterplaintiff, and third-party plaintiff, appeals the dismissal of her affirmative defense, counterclaim, and third-party complaint that the circuit court granted pursuant to section 2 — 615 of the Illinois Code of Civil Procedure. 735 ILCS 5/2— 615 (West 2008). The circuit court held that her right to rescind a mortgage issued by appellees Wells Fargo Bank and Option One Mortgage Corporation (the lenders), upon which all of her pleadings were founded, expired under the Truth in Lending Act (the TILA) (15 U.S.C. §1601 et seq. (2006)) when she failed to exercise…