Archive for 'Pleading' Category
Probably the main fallacy of the people who say that TILA Rescission is not possible or viable is that they project the outcome of a lawsuit to vacate rescission. Based upon their conjecture, they assume that Rescission is no more than a technicality. Congress, and SCOTUS beg to differ. It was enacted into law 50 […]
The continuing bias in favor of the banks’ fraudulent scheme of mortgages and foreclosures gives rise now to a nutty theory. The logic seems so obvious to the courts and yet it is erroneous. In a nutshell the theory goes, if a homeowner eventually proves that the parties attempting to foreclose have nothing to do […]
Every once in a while it is helpful for the consumer to realize that a non lawyer giving advice or opinions about legal matters is like going to a nail salon for a medical opinion, or worse, treatment. There is a simple test for hiring a purported forensic investigator: Are they in close touch with […]
Want to know how they popped up with an “original” note that looked like the original? “Our machines have been in government installations worldwide for over 60 years. The Ghostwriter T550 has been a popular machine. It offers the ability to sign signatures or short phrases on letters, awards, forms, and other correspondence. You are […]
It appears that I have struck a nerve with many of the people who seek to prove me wrong in my “theories.” They are facts, not theories. And as explained by yet another attorney writing an article for the banks and bank attorneys, it is up to the “bank” side of the equation to do […]
Practically everyone thinks they know what is a creditor even if they cannot identify who is the creditor. The reason that this is important is that the lawyers for the banks have created a divergence of the money trial and the paper trail. One is worth every cent claimed and the other is worth nothing, […]
Lawyers for homeowners are probably contributing to the confusion that the banks bring to the table. And Judges, despite the clear evidence in the public domain that the banks committed millions of illegal acts, nevertheless take the word of banks over the word of a homeowner. Let us help you plan your rescission strategy: 202-838-6345. […]
Again we return to the issue of rescission under TILA. And again I am correcting the mistaken view that the grounds for sending the notice of rescission must somehow be established before sending it, which is another way of saying that the rescission can be ignored if the proper disclosures were made. That is not […]
It continues to be true that the statute is clear, the rules of procedure are clear, and the rules of evidence are clear — yet trial courts are adamantly opposed to allowing homeowners to use the power granted to them by Congress. The second ultimate decision by the trial court that Jesinoski had to tender […]
When a judge looks carefully at the record, the bank loses. The use of Deutsch’s name in the style of the case still shows that Judges are considering the Plaintiff to be the named “Trustee” instead of the named (or named, which is frequently the case) Trust. In fact the Trustee has nothing to do […]
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