“No lawsuit” ruling will lead to more lawsuits

The recent Supreme Court decision that homeowners are not required to file a lawsuit in order to rescind their mortgage (see our January 15, 2015 blog post) may actually prompt more lawsuits than before, unless the rules on rescission rights are clarified, nationalmortgagenews.com reports. Rescission attempts “are expected to increase due to the lower bar to begin the process,” by borrowers, while lenders can still “challenge an attempt through litigation,” according to the article. Some experts say the Supreme Court’s decision will “shift the burden on lenders to initiate a lawsuit.” Before the ruling, many federal courts “expected homeowners to initiate a lawsuit to seek rescission.” This requirement helped to weed out frivolous claims; without it, one concern is that borrowers may send rescission letters if they are having problems making mortgage payments. The potential increase in legal disputes warrants the intervention by federal regulators to write rules that clarify rescission rights, many believe. For more, read the full article.

Federal News, Legal Developments, Non-Depository Institutions