Rocky Takushi v. Bac Home Loans Servicing, Lp

542 F. App'x 593

• Court: Court of Appeals for the Ninth Circuit
• Decided: October 16, 2013
• Docket: 12-15211
• Status: Unpublished

Opinion

MEMORANDUM **

The district court properly dismissed Takushi’s Truth in Lending Act (TILA) claim because it is time barred. Under TILA, a borrower seeking to rescind a mortgage loan must bring suit within three years of consummation of the loan (with one exception not relevant here). 15 U.S.C. § 1635(f). Takushi’s loan closed on September 21, 2007, but he did not file suit until February 9, 2011. That Takushi sent a notice of rescission within the three-year period is irrelevant under our decision in McOmie-Gray v. Bank of America Home Loans, 667 F.3d 1325, 1329 (9th Cir.2012). The rule announced in McOmie-Gray applies retroactively to “all cases still open on direct review,” regardless of whether the underlying events pre-date announcement of the rule. Harper v. Va. Dep’t of Taxation, 509 U.S. 86, 97, 113 S.Ct. 2510, 125 L.Ed.2d 74 (1993); see also Morales-Izquierdo v. DHS, 600 F.3d 1076, 1087-88 (9th Cir.2010).

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.