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Supreme Court to clarify process for rescinding mortgages that violate lending laws

A Supreme Court Police officer stands outside the U.S. Supreme Court in Washington Saturday April 26, 2014. THE CANADIAN PRESS/AP, Jacquelyn Martin

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A Supreme Court Police officer stands outside the U.S. Supreme Court in Washington Saturday April 26, 2014. THE CANADIAN PRESS/AP, Jacquelyn Martin

WASHINGTON - The Supreme Court will decide what a home buyer must do to rescind a mortgage that violates the federal Truth in Lending Act.

The justices on Monday agreed to hear an appeal from a Minnesota couple who refinanced their home in 2007 with Countrywide Home Loans, Inc. They claim the company failed to provide some disclosures required under federal law.

The couple sent a written notice of rescission within the three-year statute of limitations, but a federal judge ruled that they should have filed a lawsuit instead. The 8th U.S. Circuit Court of Appeals affirmed.

The couple argues that federal appeals courts are split on the issue, with some saying written notice is enough and others requiring a lawsuit to rescind. The high court is expected to resolve the split.

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