NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS NOV 1 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
THOMAS D. OQUIST; BETTEJANE No. 17-35124
JENKINS,
D.C. No. 2:16-cv-00452-TSZ
Plaintiffs-Appellants,
v. MEMORANDUM*
WELLS FARGO BANK, N.A., Successor
by merger to Wachovia Mortgage, FKA
World Savings Bank, FSB,
Defendant-Appellee.
Appeal from the United States District Court
for the Western District of Washington
Thomas S. Zilly, District Judge, Presiding
Submitted October 23, 2017**
Before: LEAVY, WATFORD, and FRIEDLAND, Circuit Judges.
Thomas D. Oquist and Bettejane Jenkins appeal from the district court’s
summary judgment in their Truth in Lending Act (“TILA”) action seeking
rescission. We have jurisdiction under 28 U.S.C. § 1291. We review de novo.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Hauk v. JP Morgan Chase Bank USA, 552 F.3d 1114, 1117 (9th Cir. 2009). We
affirm.
The district court properly granted summary judgment because plaintiffs
failed to raise a genuine dispute of material fact as to whether they timely sent
defendants a notice of rescission. See 15 U.S.C. § 1635(a), (f) (a borrower may
rescind a loan within three days of a loan transaction, or within three years if the
lender fails to make required disclosures to the borrower); see also Jesinoski v.
Countrywide Home Loans, Inc., 135 S. Ct. 790, 792 (2015) (a borrower may
exercise right of rescission by notifying the lender of borrower’s intent to rescind
within three years after the transaction is consummated); Miguel v. Country
Funding Corp., 309 F.3d 1161, 1164 (9th Cir. 2002) (“[Section] 1635(f) is a statute
of repose, depriving the courts of subject matter jurisdiction when a § 1635 claim
is brought outside the three-year limitation period.”)
We reject as without merit plaintiffs’ contention that the subject loan
transaction was not consummated.
AFFIRMED.
2 17-35124