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VERA v. OLYMPIA WEST MORTGAGE GROUP, LLC

Civil Action No. 01:11-cv-453.

861 F.Supp.2d 700 (2011)

Anita G. VERA and Roberto E. Vera, Plaintiffs, v. OLYMPIA WEST MORTGAGE GROUP, LLC, et al., Defendants.

United States District Court, E.D. Virginia, Alexandria Division.

October 19, 2011.

Attorney(s) appearing for the Case

Gregory Nicholas Bryl, Law Office of Gregory Nicholas Bryl, Washington, DC, for Plaintiffs.

John C. Lynch, Ethan G. Ostroff, Troutman Sanders LLP, Virginia Beach, VA, Mary Catherine Zinsner, Troutman Sanders LLP, McLean, VA, for Defendants.

ORDER

CLAUDE M. HILTON, District Judge.

This matter comes before the Court on Defendant Wells Fargo Bank, N.A.'s ("Wells Fargo") Motion to Dismiss. The Court grants Wells Fargo's Motion because both the rescission and damage claims Plaintiffs make under the Truth in Lending Act, 15 U.S.C. § 1601 et seq. ("TILA"), are time-barred. The three-year time limit on TILA rescission pursuant to 15 U.S.C. § 1635(f) (2010) is absolute, the expiration...

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