Legal Opinion
Nietert v. Citizens Bank & Trust Co.
Supreme Court of Arkansas
Decided April 17, 1978No. 77-396PublishedCited by 6 opinions
1Opinion of the Court
George Howard, Jr., Justice.
The fundamental issue for resolution in this case is whether rescission of a real estate mortgage, because of the failure of the lender to disclose to debtors their right to rescind the transaction until midnight of the third business day following the closing of the transaction, as required under the Federal Truth-in-Lending Act, should be conditioned on repayment or offer of repayment of the funds advanced to the debtors.
THE FACTS
Appellants, Jerald V. Nietert and Doria A. Nietert, his wife, entered into a contract with appellants, C. L. Goodwin and Alice Goodwin,…
2Cases cited6 opinions
- Sosa v. FiteCourt of Appeals for the Fifth Circuit · 1974
- Lelar M. Lagrone v. Alan H. JohnsonCourt of Appeals for the Ninth Circuit · 1976
- Gerasta v. Hibernia National BankDistrict Court, E.D. Louisiana · 1976
- Palmer v. WilsonDistrict Court, N.D. California · 1973
- Leila Mourning v. Family Publications Service, Inc.Court of Appeals for the Fifth Circuit · 1971
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Powell v. MillerCourt of Appeals of Arkansas · 1990
- Bank of Evening Shade v. LindseySupreme Court of Arkansas · 1983
- Turner v. West Memphis Federal Savings & Loan Ass'nSupreme Court of Arkansas · 1979
- Testerman v. First Family Life Insurance Co.Court of Civil Appeals of Oklahoma · 1990
- Andreasen v. S. Mountain Estates Prop. Owners Ass'nCourt of Appeals of Arkansas · 2018
1 more not listed; retrieve them via the Exa API.