Bradford v. HSBC Mortgage Corp.

MEMORANDUM OPINION

T.S. ELLIS, III, District Judge.

At issue in this Truth in Lending Act 1 (“TILA”) and Fair Debt Collection Practices Act 2 (“FDCPA”) matter is whether a borrower’s TILA rescission claims are time-barred where, as here, the borrower notified the lender that the borrower was exercising his TILA rescission right within three years of closing, but the borrower failed to commence suit to enforce rescission until more than three years after closing.

For the reasons that follow, plaintiffs TILA rescission claim is time-barred and must be dismissed.

I

The facts pertinent material to the…