From: Charles Cox [mailto:charles@bayliving.com]
Sent: Monday, August 15, 2011 7:59 AM
To: Charles Cox
Subject: TILA Rescission – Maine Supreme Court – Tender Not Necessary When "Bank" Failed to Perform
Although the Pelletiers have not yet tendered to the bank the proceeds of the loan that they received from Ameriquest, the statute specifies that tender is not required until the creditor has performed its obligations under the law.
15 U.S.C.S. § 1635(b). The facts established in this summary judgment record indicate that the creditor—the bank—has not yet performed its obligation to “return to the obligor any money or property given as earnest money,
downpayment, or otherwise.” Id. Thus, the Pelletiers were not yet required to tender the proceeds to the bank, and the court did not err in imposing the remedy of rescission on summary judgment. Further proceedings are necessary, however, to define the scope of that remedy. Because the parties have not followed the process specified by statute with precision and clarity, the court may “otherwise order[]” appropriate procedures to give effect to the remedy of rescission. Id. Accordingly, although we affirm the court’s judgment granting the Pelletiers’ request for
rescission, we remand the matter for the court to determine how this rescission should be effectuated.
The entry is:
Summary judgment for the Pelletiers on the foreclosure complaint affirmed. Remanded for further proceedings to effectuate the rescission of the January 18, 2006, agreements.
Charles
Charles Wayne Cox – Oregon State Director for the National Homeowners Cooperative
Email: mailto:Charles
Websites: http://CharlesCox.HersID.com; www.BayLiving.com; and www.ForensicLoanAnalyst.com
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62165655-Deutsche-v-Pelletier-ME-Supreme-Rescission.pdf
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