SmartBrief
Confirm favorite deletion?
Consumer Law Keyed to Whaley, 9th Ed.
Jenkins v. Landmark Mortgage Corp. of Virginia
Citation:
696 F. Supp. 1089 (1988)Facts
On August 25, 1987, Dorothy Jenkins and her son attended a closing at attorney W. Dale Houff’s office where First American Mortgage and Loan Association of Virginia obtained a security interest in Jenkins’ home. At the closing, Jenkins signed an acknowledgement of receipt of the TILA disclosure statement but left the office without receiving a copy she could keep. The attorney testified it was his usual practice to offer consumers the option of taking disclosure forms with them or having them mailed, though Jenkins testified she was simply told documents would be mailed. Jenkins did receive and take with her the Notice of Right to Cancel, which correctly stated the three-day rescission period would expire on August 28, 1987. However, the TILA disclosure statement was not mailed to Jenkins until August 26, 1987, and she received it on or about August 27, 1987. The attorney orally advised Jenkins that any rescission notice would need to be received by the lender by midnight August 28, 1987. Additionally, a cover letter dated August 26, 1987, incorrectly informed Jenkins that rescission would not relieve her of all fees and expenses associated with the transaction. Jenkins later defaulted on payments, and defendant Evans as trustee initiated foreclosure proceedings in May 1988. On June 21, 1988, Jenkins attempted to rescind the transaction through counsel.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.