Does equitable tolling work in TILA loan rescission cases?

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WHAT IS EQUITABLE TOLLING?
General legal information about the concept of Equitable Tolling in regard to the extended three-year right to rescind your mortgage loan when there are material loan violations (such as the failure to receive two copies each of the notice of right to cancel document at the time your loan is consummated).
Do not rely on this video or take any legal action without first discussing it with a Truth in Lending or real estate lawyer in your jurisdiction.
Terms discussed in this video include fraudulent concealment, material loan violations, how to exercise the right to rescind the mortgage, the Jesinoski v. Countrywide case, Beach v. Ocwen, and More. Click on the link above to read the case law from our real estate litigation blog (the case law that is discussed in this video). --------------------------------------------------------------------------------------------------------------------------------
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[@motohead342]

Well done, Steve. I am in the rescission process now on a loan originated in 2003 and refi'd in 2005. My 88 year old mother signed the docs in Connecticut, with a Notary Public the Broker or Escrow company (in San Diego California, where I and the property are) hired to do the signing. I'm at day 16 since we sent the notice of rescission. They have a few more days to respond appropriately. Gonna see what happens. The paperwork on their side is a mess!!

[@EdisonFlow510]

Hi Steve, by chance is the equitable tolling website still functioning or have you moved the equitable tolling case law to a different web address? I would like to view the caselaw that you were referring to in this video for educational purposes, respectfully. This video was an eye opener and very informative!

[@thepoliticalstartrek]

Even if they manage to resend. Do they not have to pay original principle minus interest paid anyways?

[@thepoliticalstartrek]

So my loan has been sold 5 times. The current lender can't find our original loan documents. They also have no idea in the chain when it was lost. When the loan is sold does that change the date.

[@shawnsulliv]

Nice Job!

[@attorneysteve]

shawn sullivan Thanks Shawn!!