The Truth in Lending Act (TILA) requires lenders to provide accurate, clear disclosure of loan terms. In foreclosure defense, TILA provides powerful remedies: (1) right to rescind — for refinance transactions on your primary residence, you have 3 years from closing to rescind if the lender failed to provide required disclosures (right of rescission notice, accurate finance charges, APR), (2) actual and statutory damages for disclosure violations, and (3) TILA recoupment — you can assert TILA violations as a defense to foreclosure even after the 3-year rescission period has expired, up to the amount of the lender's claim. At Dream Financial Management, we use TILA violations in foreclosure defense nationwide since 1994.
For refinance loans on your primary residence: if the lender failed to provide two copies of the Notice of Right to Cancel, or materially misstated the finance charge/APR by more than 0.5% (or 1% for certain loans), you can rescind (cancel) the entire loan within 3 years. Rescission means: the lender returns all payments you made, and you return the loan principal. This is an extraordinarily powerful remedy — used correctly it can stop foreclosure and potentially recover thousands.
Lender must provide two copies of the Notice of Right to Cancel to each borrower at closing. Missing, incorrect, or improper notice extends rescission period to 3 years. Many pre-2014 loans have defective notices.
If the disclosed APR is off by more than 0.5% (refinance) or 1% (purchase), TILA provides rescission or damages. Review the HUD-1 Settlement Statement and Truth-in-Lending Disclosure for discrepancies.
Even if the 3-year rescission window has passed, you can assert TILA violations as a defense to reduce or eliminate the lender's foreclosure claim — indefinitely. 15 U.S.C. §1640(k). This survives foreclosure and can offset deficiency claims.
Dream Financial Management reviews loan documents for TILA violations and uses them in foreclosure defense. Since 1994. Free consultation.