Greenpoint Mortgage Funding, Inc. v. Hirt

In mortgage foreclosure action, Defendant homeowner filed affirmative defenses and counterclaims seeking rescission of the loan and damages pursuant to Truth in Lending Act (TILA). Upon remand, court held evidentiary hearing and entered judgment for Plaintiff. Defendant failed to make a payment on the due date of her mortgage loan, and 12 days later sent Plaintiff a notice of rescission pursuant to TILA asserting that Plaintiff failed to comply with TILA's disclosure requirements, and that she was entitled to rescind the loan. Court properly granted summary judgment for Plaintiff on Defendant's statutory damages claims as time-barred and not preserved by Section 13-207. Court found Defendant's testimony "to be discountable as not credible" and that she did not meet her burden of proving that she received only one copy of the Notice of Right at the closing.  Defendant's testimony at deposition differed significantly from her hearing testimony. Court's conclusion that Defendant was not credible is not unreasonable. (MIKVA and CUNNINGHAM, concurring.)