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Beach v. Ocwen Federal Bank

Beach v. Ocwen Fed. Bank, 523 U.S. 410 (1998)

Court
Supreme Court of the United States
Decided
1998-04-21
Docket
97-5310

What happened

Facing foreclosure, the Beaches tried to rescind their loan as a defense, more than three years after it closed.

What the court decided

The Supreme Court held that the federal right to rescind ends completely three years after closing; it cannot be revived as a defense in a foreclosure.

In the court's words

“the Act permits no federal right to rescind, defensively or otherwise, after the 3-year period”

Why it may matter to you

An honest limit: check your closing date before spending time on rescission.

Why it might not apply

State law may offer other defenses; this case is only about the federal rescission right.

Most useful when

  • You want to raise Truth in Lending rescission more than three years after closing

How to cite it

The full citation for the first time you mention it, a short form for later, and a sample sentence you can adapt.

Full citationBeach v. Ocwen Fed. Bank, 523 U.S. 410 (1998)Short formBeach, 523 U.S. 410

Draft — check it with free legal aid before you file or say it in court.

In Beach v. Ocwen Fed. Bank, 523 U.S. 410 (1998), the court held that the federal Truth in Lending right to rescind expires three years after closing and cannot be raised defensively after that. Here, [say in one sentence what happened in your case]

Ask Techy about this case

Techy explains the case in plain words, why it may matter to you, its limits, and how to prepare. It only uses this case record.

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