Ortiz v. Accredited Home Lenders, Inc.

How courts have described this case

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

• noting that a plaintiff can seek damages, 9 recission, or both under TILA
• distinguishing bankruptcy cases from this circuit and holding that “non-judicial foreclosures are not ‘actions’ as contemplated by TILA,” and, therefore, rescission may not be asserted defensively in response to non-judicial foreclosures
• finding section 2923.5 does contain a private right of action, as “the California legislature would not have enacted this urgency’ legislation, intended to curb high foreclosure rates in the state, without any accompanying enforcement mechanism.”

Source: CourtListener parenthetical corpus (CC0).