Annie Mae Williams v. Homestake Mortgage Co., Ignacio Goldemberg and Adriana Goldemberg

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• voiding of creditor’s security interest in home may be conditioned on consumer’s tender of amount owed to creditor after subtracting all finance charges and penalties
• discussing whether a court may modify procedures for rescission, and explaining in the course of that discussion that rescission occurs automatically upon notice
• noting that the addition of statutory language providing that procedures “shall apply except when otherwise ordered by a court” was added as a reflection of TILA’s equitable goal to “return the parties most nearly to the position they held prior to entering into the transaction”
• “While the goal should always be to restore the parties to the status quo ante, rescission must also maintain its vitality as an enforcement tool.”
• courts may impose conditions that run with the voiding of creditors’ security interests upon terms that would be equitable and just under surrounding circumstances
• courts may impose conditions that run with the voiding of creditors' security interests upon terms that would be equitable and just under surrounding circumstances

Source: CourtListener parenthetical corpus (CC0).