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1.5.2.2 The Pre-Simplification Version of TILA

The pre-Simplification Act generally applies to loans made prior to 1982. There are few if any consumer loans still outstanding from the pre-Simplification era, so that law is unlikely to be relevant. However, for some now very old loans, recoupment claims may remain available in the context of bankruptcy or defending against collection.177 These claims may be especially relevant in defending foreclosures of older mortgages. The pre-Simplification law and the regulation implementing it are no longer contained in this treatise. The legislative history of TILA and the history of Regulation Z and the commentary as it appears in the Federal Register from 1969 to the present is available online as companion material to this treatise. Readers can also use the appendices in prior editions of this treatise or find the old law in another source.178 Pre-Simplification case law should be used only after evaluating the relevance of the decision in light of subsequent amendments.

Footnotes

  • 177 {175} See § 12.2.5, infra.

  • 178 {176} Appxs. J and K, infra. Appendix L of a prior edition of this treatise contained an outline of prior law. That outline is available online as companion material to this treatise.