Mortgagor’s self-serving testimony that he did not receive TILA disclosures insufficient to rebut presumption of delivery

In Chiles v. Ameriquest Mortg. Co. Slip Copy, 2008 WL 724612 (March 17, 2008 E.D.Pa. 2008.) the mortgagor contended that he was entitled to rescission under TILA due to the mortgagee’s failure provide the variable rate disclosures. The mortgagee produced evidence that Plaintiff acknowledged receipt of documents containing the variable rate in the form of the Federal Truth In Lending Disclosure Statement. This created the rebuttable presumption that the mortgagor was then obliged to overcome. 15 USC § 1635(c). The only evidence the mortgagor had to rebut that presumption was his own testimony. The court held that the mortgagor’s statement to the contrary was not, by itself, sufficient to rebut the presumption. The mortgagor did not present any evidence that he did not receive these documents. Instead, he admitted to receiving them, but claims he did not understand the documents he signed.