Day Pitney remains committed to providing quality legal counsel, while protecting our clients and employees, and transforming our communities into more just, equal and equitable spaces. For more information, please visit our COVID-19 Resource Center | Racial Justice and Equity Task Force.

×
×
About Day Pitney Careers News Client Access

Insights

Publications Events Blogs

Borrower Need Not File Suit

Publisher: New Jersey Law Journal
March 14, 2013
Day Pitney Author(s) Joy Harmon Sperling

Partner Joy Harmon Sperling and associate Clara Son authored a March 14 New Jersey Law Journal article, "Borrower Need Not File Suit," outlining a Third Circuit ruling on the timeliness of a borrower's rescission action. The court found that since a notice of rescission was sent within the Truth in Lending Act's mandated three-year period the rescission could stand, even though the action itself was filed more than three years after the loan was closed. Joy and Clara write that "lenders should be mindful of the import of receiving a notice of rescission within the three-year time period after the closing on a loan. Under the court's decision, even if suit is not brought within that time frame, a later suit, grounded on a valid and timely notice, will expose the lender to the possibility of having to rescind the loan beyond that three-year mark after the closing of the loan."

View Article

Recommended
American Conference Institute - National Forum on Residential Mortgage Regulatory Enforcement and Litigation

Day Pitney Partner Joy Harmon Sperling will present on a panel entitled "How to Navigate Debt Collection Restrictions, Manage Liquidity Challenges, and Reconcile Opposing Demands from Consumers and Investors as a Servicer," at the 27th American Conference Institute National Forum on Residential Mortgage Regulatory Enforcement and Litigation.

November 17, 2020
CFPB's Proposed Rule on Time-Barred Debt Disclosures
May 13, 2020

Day Pitney Alert

Tax Appeals, Residential Evictions, Postponed Due to COVID-19
March 25, 2020

Day Pitney Advisory

Five Tips for Representing a Non-Party Served with a Document Subpoena: Welcome to the Party?
November 29, 2019

Mark Romance authored an article, "Five Tips for Representing a Non-Party Served with a Document Subpoena: Welcome to the Party?," published by the American Bar Association Section of Litigation.

Emerging Federal Statute Developments and Strategies for Defending Against Innovative Borrower Claims

On October 30, Andrew Ingalls spoke on a panel, "Emerging Federal Statute Developments and Strategies for Defending Against Innovative Borrower Claims," at the 26th National Forum on Residential Mortgage Regulatory Enforcement & Litigation, presented by the American Conference Institute (ACI) and held in Dallas, TX.

October 30, 2019
American Conference Institute (ACI), Dallas, TX
Day Pitney Wins “Law Firm of the Year” for Trusts & Estates Law in U.S. News – Best Lawyers “Best Law Firms”
March 11, 2021

Day Pitney Press Release

NY high court revives foreclosure actions, clarifies law
February 19, 2021

Christina Livorsi was quoted in the Reuters Legal article, "NY high court revives foreclosure actions, clarifies law."

Day Pitney Consumer Finance Team Secures Precedential Victory
February 18, 2021

Day Pitney Press Release

Day Pitney Receives Top Rankings in U.S. News – Best Lawyers “Best Law Firms”
November 12, 2019

Day Pitney Press Release

Firm Ranked Tier 1 Nationally for Energy Law and Trusts and Estates Law

Rainmaker Q&A: Day Pitney's Joy Harmon Sperling
August 22, 2016

Joy Harmon Sperling was featured in an article, "Rainmaker Q&A: Day Pitney's Joy Harmon Sperling," in Law360.
New Jersey Hartford Stamford Greenwich New Haven West Hartford Boston
New York Washington, DC Providence Boca Raton Delray Beach Miami West Palm Beach

This website may use cookies, pixel tags and other passive tracking technologies, including Google Analytics, to improve functionality and performance. For more information, see our Privacy Policy. By using our website, you are consenting to our use of these tracking technologies. You can alter the configuration of your browser to refuse to accept cookies, but if you do so, it is possible that some areas of web sites that use cookies will not function properly when you view them. To learn more about how to delete and manage cookies, refer to the support instructions for each browser (e.g., see AllAboutCookies.org). You may locate Google Analytics' currently available opt-outs for the web here.

This website may use cookies, pixel tags and other passive tracking technologies, including Google Analytics, to improve functionality and performance. For more information, see our Privacy Policy. By using our website, you are consenting to our use of these tracking technologies. You can alter the configuration of your browser to refuse to accept cookies, but if you do so, it is possible that some areas of web sites that use cookies will not function properly when you view them. To learn more about how to delete and manage cookies, refer to the support instructions for each browser (e.g., see AllAboutCookies.org). You may locate Google Analytics' currently available opt-outs for the web here.