rescission

Procedure vs Substance in Rescission

Livinglies Team Services: see GTC HONORS Services, Books and Products =========================== For more information please email us at gtchonors.llblog@gmail.com or call us at 954-495-9867 or 520-405-1688 This is not legal advice on your case. Consult a lawyer who is licensed in the jurisdiction in which the transaction and /or property is located. NOTE; THE NEIL …

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MINNESOTA SUPREME COURT: "NOTHING PLUS NOTHING EQUALS NOTHING"

Livinglies Team Services: see GTC HONORS Services, Books and Products =========================== For more information please email us at gtchonors.llblog@gmail.com or call us at 954-495-9867 or 520-405-1688 This is not legal advice on your case. Consult a lawyer who is licensed in the jurisdiction in which the transaction and /or property is located. =========================== SEE 2015-08-10-0001 …

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Recording the Rescission

Livinglies Team Services: see GTC HONORS Services, Books and Products =========================== For more information please email us at gtchonors.llblog@gmail.com or call us at 954-495-9867 or 520-405-1688 This is not legal advice on your case. Consult a lawyer who is licensed in the jurisdiction in which the transaction and /or property is located. =========================== LAWYERS AND …

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Bank Lawyer's Seminar: Rescission Changes Everything

QUOTE FROM SEMINAR: “The bottom Line: Until 3 years have elapsed, a mortgage is only as secure as the lender’s proof of compliance with TILA.” ========================== For more information please call 954-495-9867 or 520-405-1688 =========================== see tila-right-of-recission-041415 From one of my readers, I received the Power Point Presentation given by a law firm representing the …

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Rescission enforcement actions are the next really big thing

For more information on rescission, our rescission package or any other topic, please call 954-495-9867 nor 520-405-1688. =================================== Rescission enforcement actions are the next really big thing. Its effect is to immediately unencumber the property from any claims of lien or mortgage and any claim on the note which is void and must be returned …

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Statute of LImitations Running on Bank Officers Who Perpetrated Mortage Crisis

For more information please call 954-495-9867 or 520-405-1688 ============================== see http://www.courant.com/opinion/letters/hc-go-after-mortgage-fraud-perps-20150427-story.html It appears that the statute of limitations might be running out this year on any claim against the officers of the banks that created the fraudulent securitization process. Eric Holder, outgoing Attorney general, made an unusual comment a few months back where he said …

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Rescission Letter is Equivalent to Court Order Under TILA

For further information or assistance please call 954-495-9867 or 520-405-1688. We are starting a new pilot offering for those who are close readers of the blog. Call one of the numbers above and ask about our package of services relating to rescission either with respect to rescission letters previously sent or rescission letters that are …

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TILA (NON-JUDICIAL AND JUDICIAL) Rescission Gets Clearer in Most Respects

For further information please call 954-495-9867 or 520-405-1688 ========================= It is becoming crystal clear that with help from a competent attorney the options under the TILA rescission process are (a) different from common law rescission and (b) very effective against “lenders” who can no longer hide behind “presumptions”. LIKE THE PRESUMPTIONS THAT HAVE BEEN STRICTLY …

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Rescission: Equitable Tolling Extends Statute of Limitations

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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Two Different Worlds — Note and Mortgage

Further information please call 954-495-9867 or 520-405-1688 No radio show tonight because of birthday celebration — I’m 68 and still doing this ============================== The enforcement of promissory notes lies within the context of the marketplace for currency and currency equivalents. The enforcement of mortgages on real property lies within the the context of the marketplace …

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Judges Resist Proactive Homeowners Challenging Servicers and Pretender Lenders

For more information please call 954-495-9867 or 520-405-1688 This is for general information only. It should never be used as a substitute for the advice of an attorney licensed in the jurisdiction in which your property is located. ============================== see also 201306_cfpb_laws-and-regulations_tila-combined-june-2013 I’ve been busy dealing with Judges who are resisting meritorious defenses and proactive …

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RESCISSION HEATS UP AS BORROWERS HEAD BACK TO COURT TO USE SUPREME COURT REVERSAL

For further information please call 954-495-9867 or 520-405-1688 ============================== For lawyers only: Many homeowners are going back and digging up their notices of rescission. There are cases in state court, federal court and bankruptcy court that could be and probably are effected by the US Supreme Court decision that made it clear that TILA rescission …

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Rescission: Shifting the Burden of Proof

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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UNANIMOUS SCOTUS: TILA Rescission Effective on Notice: No Borrower Lawsuit Required

For further information please call 954-495-9867 or 520-405-1688 ============================= TENDER IS NOT REQUIRED FOR RESCISSION TO BE EFFECTIVE SCOTUS DECISION CONVERTS RESCINDED SECURED DEBT TO UNSECURED EFFECT ON OLD BANKRUPTCY CASES UNKNOWN see TILA Rescission The decision is merely a statement of the obvious. Scalia, writing for a UNANIMOUS court said that the statute means …

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Post Mortum on 2010 "Bad" Decision in Florida

For further information or assistance please call 954-495-9867 or 520 405-1688 ————————————- See CitiBank v Delassio 756 F Supp 2d 1361 2010 This case is often cited by servicers and banks to enforce a note and/or mortgage. Lots of people regarded this decision as “bad” because it approved the foreclosure. The natural impulse is to …

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US Supreme Court Hears Argument on TILA-REG Z Rescission

see 13-684_4425 Judges generally don’t like TILA because it contains remedies that “go against the grain.” Specifically TILA and REG Z from the Federal Reserve contain strict guidelines on the form and content of disclosures to borrowers. These laws and regulations went into effect after the Savings and Loan scandal and other evidence surfaced as …

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Securitization for Lawyers

For more information on foreclosure offense, expert witness consultations and foreclosure defense please call 954-495-9867 or 520-405-1688. We offer litigation support in all 50 states to attorneys. We refer new clients without a referral fee or co-counsel fee unless we are retained for litigation support. Bankruptcy lawyers take note: Don’t be too quick admit the …

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RESCISSION REVIVED BY 9TH CIRCUIT COURT OF APPEALS

Hat tip to Ken McLeod and to Ron Ryan who argued endlessly that the former ruling was wrong in Arizona. Ron Ryan is a good lawyer and Ken McLeod is a good investigator. Both have years of experience investigating, analyzing and fighting illegal foreclosures. Courts are catching on and as I have predicted, the ultimate …

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Unconscionable and Negligent Conduct in Loan Modification Practices

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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Rescission Returns in 3rd Circuit Opinion

Forbes has taken notice. There is a shift toward borrowers in mortgage litigation. The decision points back to the origination of the loan. This decision follows a similar decision in the 4th circuit. It all comes down to what actually happened at closing? And we don’t actually know if the decision to allow rescission indefinitely …

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People Have Answers, Will Anyone Listen?

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT CUSTOMER SERVICE 520-405-1688 Editor’s Comment:  Thanks to Home Preservation Network for alerting us to John Griffith’s Statement before the Congressional Progressive Caucus U.S. House of Representatives.  See his statement below.   People who know the systemic flaws caused by Wall Street are getting …

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National Notary Association Takes Up Robosigning

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT CUSTOMER SERVICE 520-405-1688 Editor’s Comment:  National Notary Association to take Up Issue of  Forgery, Robosigning and attesting to authority in corporate capacity.  Arizona’s Ken Bennett, Secretary of State, is among the officials leading the charge on this issue. Notary Trade Group: Foreclosure Fraud …

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