Mortgage Lending: 14.12.3.2 Truth in Lending Act Claims
A number of courts have held that Truth in Lending Act (TILA) rescission claims are not barred by D’Oench and its related doctrines.676 A TILA claim is a statutory claim, not an attempt to enforce an agreement, so neither D’Oench nor section 1823(e) should be applicable. Further, in many cases the TILA violation will be apparent on the face of the loan documents, so the rationale behind these doctrines will be inapplicable.