GreenPoint Mortgage Funding, Inc. v. Hirt

Plaintiff filed mortgage foreclosure complaint against Defendant homeowner, who filed affirmative defenses and counterclaims seeking rescission of loan and statutory damages under Truth in Lending Act (TILA). Court erred in entering summary judgment on rescission claim, as a question of fact remains as to whether homeowner had 3 days or 3 years to rescind. Genuine issue of material fact exists as to whether she received required disclosures pursuant to TILA. Counterclaim is limited by language in section 1640(e) of TILA allowing for an untimely claim ony if brought as a set-off or recoupment. Thus, counterclaims brought under section 1640(e) cannot survive dismissal of primary complaint. (PIERCE and MIKVA, concurring.)