Jesinoski v. Countrywide Home Loans, Inc.

[7] The Jesinoskis filed suit in federal district court on February 24, 2011 seeking a declaration of rescission and damages.

[10] Writing for a unanimous court, Justice Antonin Scalia ruled that the Truth in Lending Act does not require borrowers to file a lawsuit to effectuate rescission.

[13] Instead, he argued that "[n]othing in our jurisprudence, and no tool of statutory interpretation, requires that a congressional Act must be construed as implementing its closest common-law analogue.

"[14] Consequently, the statute has effectively altered common law practice, and borrowers "need only provide written notice to a lender in order to exercise his right to rescind.

"[1] After the Supreme Court issued its opinion, analysts described Jesinoski as a "landmark case" in Truth in Lending Act jurisprudence.

Commentators described Justice Antonin Scalia 's unanimous opinion as the "shortest opinion of the year." [ 2 ]