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Beach v Ocwen: 1997 Decision that will be used by banks and servicers against rescission

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For Further information and assistance please call 954-495-9867 and 520-405-1688. ======================= See Beach v Ocwen Fla. Supreme Court I have no doubt that the Banks will attempt to use this decision — but it still is trumped by Jesinowski and other Federal decisions on equitable tolling. Having the right to cancel/rescind is described as extinguished …

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Rescission: Equitable Tolling Extends Statute of Limitations

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For further information please call 954-495-9867 or 520-405-1688 Important Message: This blog should NEVER be used as a substitute for competent legal advice from an attorney licensed in the jurisdiction in which your property is located. =============================== see http://openjurist.org/784/f2d/910/king-v-state-of-california-d-m The most popular question I get here on the blog and on my radio show is …

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Rescission: Shifting the Burden of Proof

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For more information please call 954-495-9867 or 520-405-1688 ========================= see http://www.foreclosuredefenseresourcecenter.com/top-f-foreclosure-defense-strategies-in-california/truth-in-lending-rescission/ I ran across an excellent article on rescission in mortgage cases that I think is a MUST READ for those who might be affected or entitled to use it. Check the link above. Make sure you check with a knowledgeable attorney licensed in the …

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Unconscionable and Negligent Conduct in Loan Modification Practices

78 Comments / CASES, Corruption, escrow agent, Eviction, evidence, expert witness, Fannie MAe, foreclosure, foreclosure defenses, foreclosure mill, GARFIELD KELLEY AND WHITE, GTC | Honor, investment banking, Investor, MBS Trustee, Modification, Mortgage, Motions, Neil Garfield Show, Occupy Movement, originator, Pleading, securities fraud, Servicer, Statutes, Trust Beneficiaries, trustee / By

JOIN US EVERY THURSDAY AT 6PM Eastern time on The Neil Garfield Show. We will discuss the Stenberger decision and other important developments affecting consumers, borrowers and banks. We had 561 listeners so far who were on the air with us or who downloaded the show. Thank you — that is a good start for …

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THREE DAY RESCISSION, THREE YEAR RESCISSION AND GENERAL RESCISSION

53 Comments / CDO, currency, Eviction, foreclosure, GTC | Honor, Mortgage / By

SEE foreclosure-defense-objecting-to-trustee-sale NOTE: THERE ARE ACTUALLY THREE LETTERS OF OBJECTION AND RESCISSION THAT COULD BE SENT: (1) THREE DAY NOTICE OF RESCISSION, (2) THREE YEAR NOTICE OF RESCISSION AND (3) GENERAL CLAIMS NOTICE OF RESCISSION OR NULLIFICATION. IN ALL CASES, THE NOTICE SHOULD CONFORM TO STATE LAW AS TO FROM, SUBSTANCE AND METHOD OF MAILING. …

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