...delinquent. Plaintiffs Yount and Kreigel joined in this suit to rescind the various agreements with Indianola and to be restored to status quo ante. Rescission against American...mutual agreement, the parties must be placed "in status quo so far as it is practicable" to do so. We agree that the contract, when rescinded by a court of competent jurisdiction, is deemed to...this jurisdiction to effectuate complete relief, legal and/or equitable, to the parties. [3] Contracts — Rescission — Limitations. When a court of equity rescinds a contract...

...goal should always be to “restor[e] the parties to the status quo ante,” ... rescission must also maintain its vitality as an enforcement tool...although its security interest became void upon rescission by Appellants, 15 U.S.C. § 1635(b), the trial court could modify that procedure according to...

...a party elects and is granted rescission as a remedy, he is entitled to be returned to status quo ante. Rescission entitles the party to a return of the consideration paid as well as any additional...the Partnership's argument that BNP had rescinded the contract, the Court of Appeals analyzed the issue as one of rescission and stated, in part, as follows...: Rescission is an abrogation or undoing of [a contract] from the beginning, which seeks to create a situation the same as if no contract ever had existed. Wh...

..."restor[e] the parties to the status quo ante," . . . rescission must also maintain its vitality as an enforcement tool...interest became void upon rescission by Appellants, 15 U.S.C. § 1635(b), the trial court could modify that procedure according to Regulation Z...

...rescission under TILA is to restore the parties to the ‘status quo ante,’ ” the borrower seeking rescission must be able to tender the borrowed funds back to the lender to obtain rescission. Id....” Shelton, 486 F.3d at 819. Because recession entails restoring the parties to the status quo ante, rescission cannot be granted where, as here, the.... At issue in this Truth in Lending Act (“TILA”) matter are defendants' motions for summary judgment on (i) plaintiff's TILA claims for rescission and damages, and (ii) defendants' counterclaims...

...Cannot be Returned to Status Quo Ante, Barring Rescission The equitable remedy of rescission "is to be invoked only when there is lacking complete and...returned to the status quo ante, rescission is inappropriate. See, e.g., Guandong Enterprises (N.A.) Fur Holdings Ltd. v. Hennessy, No. 01 Civ. 0620 (SAS), 2002 U.S. Dist. LEXIS 8719, at...impossible to restoring the status quo ante). As in Guandong Enterprises, the harm for which RMDx seeks rescission "is a financial loss incurred when defendants fraudulently induced them," the...

...the ‘status quo ante.’ ” Am. Mortg. Network, Inc. v. Shelton, 486 F.3d 815, 820 (4th Cir.2007). To achieve this, the borrower seeking rescission must....2011), the District Court stated: Because rescission entails restoring the parties to the status quo ante, rescission cannot be granted where, as here...entirely clear what counsel was arguing. If she was arguing that rescission ipso facto changed the secured loan to an unsecured loan, the debtor is significantly over the unsecured limit. If...

...). Those three sentences modify conventional rescission doctrine (that contemplates a simultaneous restoration of the status quo ante) by requiring a creditor to take certain actions before...restoring the status quo ante if a debtor could avoid the obligations the procedure imposes upon him simply by asserting that his notice of rescission under...parties to the status quo ante, rescission must also maintain its vitality as an enforcement tool.") (internal quotation marks and citations omitted...

...to return the parties to the status quo ante. As noted above, the fifth element requires the plaintiff, as a prerequisite to stating a cause of action for rescission, to...a lack of allegations that plaintiffs were willing to return defendant to the status quo); Bank of New York Mellon v. Reyes, 126 So. 3d 304, 308 n. 4 (Fla. 3d DCA 201...allegations in the Amended Complaint in a light most favorable to Kaye reveals that Kaye does not have a present willingness to return to the status quo by giving back the $500,000. Rather, Kaye...

...and, because it is impossible to restore the parties to the status quo ante, rescission is inappropriate. Third, pursuant to section...contract." We agree with the trial court. Yorkville's claim for reformation asks to place the parties in the status quo ante, and therefore, it appears to be little more than a thinly veiled claim for ...." Coregis, 355 Ill. App. 3d at 165. It is "`"an equitable doctrine, and a party seeking rescission must restore the other party to the status quo...

...status quo ex ante the challenged instrument, id. (rescission dissolves the instrument at issue and renders it a nullity), the district court did not abuse its discretion in ordering that...action. Kracl v. Loseke, 236 Neb. 290, 461 N.W.2d 67, 69 (1990). Rescission is intended "to place the parties in a status quo, that is...Nebraska law to make restitution to Popular in order to return both parties to the status quo. Stutzka's argument that Gibilisco should not be required to return the $85,000 due to the...

...in reply, defendant rightly quotes the Restatement that when, as here, the defendant cannot be restored to the status quo ante, rescission is available to a plaintiff only when "the fault of the...favor as to: (1) an RMBS certificate that Credit Suisse sold to plaintiffs but did not issue or underwrite; (2) any rescission claim based on statements that aggregated loan data is "actually false...dismiss plaintiff's rescission claim as to one other RMBS certificate. (Dkt. #79.) The cover page of defendant's motion...

...). To state a cause of action for rescission of contract, a plaintiff must establish that the parties can be placed in status quo ante and has the burden of proving that...Beattie v. Friddle, 17 S.W.2d 246 (Ky. 1929) (rescission of contract even for substantial breach not permitted where "the position of the parties has been changed so that former ...in status quo, where the equities between the parties can be balanced. 17B CJS Contracts § 488. In this action, the parties could not be...

..., 1378 n.3 (1979), stating "[t]he rescission of a contract involves voiding it ab initio and returning the parties to the status quo ante." Hewitt asserts, additionally, that...rescission and requires all parties be returned to the status quo ante. This contention is meritless. Holmes held that rescission of a contract is a threshold issue to be decided in the arbitration ...initio and returning the parties to the status quo ante." Hewitt's reliance is misplaced. Dialist cites Ryan v. Brady, 34 Md. App. 41, 49, ...

...view is the more logical reading of the regulation's reference to “money or property” because it is consistent with the hallmark of rescission—the restoration of the status quo ante. ...surrendering the property purchased with the loan proceeds regardless of whether doing it will restore the creditor to the status quo ante. ...restores the status quo ante; the creditor terminates its security interest and returns any [money] paid by the debtor in exchange for the latter's return of all disbursed funds or property interests...

...contract if that would injure the party against whom rescission is sought because, under the contract, that party has changed his position and cannot be returned to the status quo ante (see Gravenhorst v. Zimmer...party cannot be returned to the status quo ante will not be strictly enforced where the party against whom rescission is sought is a wrongdoer who is exploiting its change of position to shield its...entitled to money damages. The equitable remedy of rescission "is to be invoked only when there is lacking complete and adequate remedy at law and where the status quo may be...

...the parties each to the other to restore the status quo ante. Contract — rescission — lease — measure of damages. 2. The... obligation of the parties, each to the other, to restore the status quo ante. In result, the vic.... December 5, 1941. Action in the district court for Morrison county against Apolonia and A. Kulick for rescission, based on alleged fraudulent...

...refers to cancellation of the contract so as to restore the parties to the status quo ante, the status before the contract. ( Puskar v. Hughes (1989), ..., 179 Ill. App.3d at 528.) A court will not grant rescission of a contract where the status quo ante cannot be restored. Klucznik...remedy of rescission contemplates voiding the contract as if it had never existed, returning the parties to their precontract status. ( Puskar...

...fundamental that if the choice be made of rescission, there must be a restoration of the status quo ante, not only of the complainant but as well of the defendant. It is therefore necessary that the rescinding..., 1984) ("It is settled law that if a plaintiff chooses the remedy of rescission, there must be a restoration of the status quo ante, not only of the plaintiff but of the defendant as well, and if under the facts o...& Pittenger, supra, § 12.04[a], at 12-58 ("As a remedy, rescission seeks to 'unmake' an agreement; it 'calls the deal off' and seeks to return the parties to the status quo ante. Rescission is...