Jesinoski Revisited. Rescission is in the details.

22 Comments / appeals, burden of persuasion, BURDEN OF PROOF, discovery, education, evidence, foreclosure, legal standing, Pleading, TILA, TILA rescission / By

It continues to be true that the statute is clear, the rules of procedure are clear, and the rules of evidence are clear — yet trial courts are adamantly opposed to allowing homeowners to use the power granted to them by Congress. The second ultimate decision by the trial court that Jesinoski had to tender …

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