Bonte v. U.S. Bank, N.A.

Federal 7th Circuit Court
Civil Court
Truth in Lending Act
Citation
Case Number: 
No. 09-2455
Decision Date: 
October 19, 2010
Federal District: 
W.D. Wisc.
Holding: 
Affirmed
Dist. Ct. did not err in dismissing for failure to state cause of action plaintiffs’ Truth in Lending Act (TILA) lawsuit seeking rescission of plaintiffs’ mortgage based on defendant allegedly misstating certain charges on mortgage disclosure statement. Ordinary three-day period allowed for rescission under TILA did not apply, and plaintiffs failed to show how 10 different discrepancies on their TILA statement were material as defined under 12 CFR section 226.23(a)(3), where plaintiffs failed to assert how any alleged misstated figures on statement related to either their finance charge, APR or amount financed.