California Appellate Tracker

Hoang v. Bank of America, N.A.

January 23, 2019

The statute of limitations for rescission enforcement actions under the Truth in Lending Act is the state law limitations period for suit on a written contract—six years in Washington, four years in California.

As Jesinoski v. Countrywide Home Loans, Inc. (2015) 135 S.Ct. 790 holds a borrower need only provide the lender a written notice of rescission within the 3-day or 3-year time limits set by 15 USC 1635(f). If the lender does not then voluntarily void its security interest to effect the rescission, the borrower can sue to enforce the rescission. TILA does not state any statute of limitations for the borrower’s suit to enforce rescission, so the court must adopt the most closely analogous state limitations period, which for this purpose is the limitations period for suit on a written contract—six years in Washington, four years in California.

Ninth Circuit Court of Appeals (Smith, N.R., J.); December 6, 2018; 910 F.3d 1096

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Hoang v. Bank of America, N.A.

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