Wells Fargo Bank v. Terry 

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Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
No. 1-09-0617
Decision Date: 
Monday, March 29, 2010
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div.
Holding: 
Affirmed.
Justice: 
GARCIA
Homeowner's right to rescind mortgage expired under Truth in Lending Act (TILA) when she failed to exercise it within 3 years of obtaining mortgage loan. Illinois recognizes no right of rescission in recoupment that falls within Section 1635(i)(3) of TILA, when homeowner brings recoupment claim in defense to foreclosure action.