U.S. Bank National Ass’n v. Miller

Illinois Appellate Court
Civil Court
Truth in Lending Act
Citation
Case Number: 
2020 IL App (1st) 191029
Decision Date: 
Friday, March 20, 2020
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Holding: 
Affirmed.
Justice: 
CUNNINGHAM

(Court opinion corrected 5/7/20.) Court did not err in dismissing Defendants' Truth in Lending Act (TILA) counterclaim in mortgage foreclosure action on basis that they failed to file within 1 year. As Defendants were seeking relief under section 1635, the rescission enforcement action is inextricably intertwined with the TILA damages claim that is expressly covered by the 1-year statute of limitations. (MIKVA and HARRIS, concurring.)