What is clear to me is that nothing has changed except the government complicity in predatory lending practices is increasing despite the passage of Dodd Frank. A fact that keeps getting buried here is that Federal Law (Truth in Lending Act) puts the burden of determining affordability of an alleged loan product on the lender, not the borrower. That is…[...]

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Tags: assumption of risk, CashCall, Dodd-Frank, foreclosure, lender, negotiable instrument, TRUTH
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SIMPLE LOGIC, NO DEBATE I said it before and the Supreme Court said I was right. I said it again and the Supreme Court will again issue a ruling that conforms with my statements about TILA Rescission. The longer the rebellion (by the courts) goes on, the more title, rights, obligations and certainty will be undermined. It's not up for…[...]

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See TERA Explained and Using our TERA Report If you don't get our TERA report, you are most likely overlooking important parts of the defense narrative. Get our TERA report. Then the CONSULT.     Here is a typical piece of narrative in the TERA report: "In the Trust Instrument (PSA) the Trustee and the parties identified as beneficiaries lack any power to conduct or ratify any transaction…[...]

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If you slow down and logically go through the statute and the Jesinoski decision it is easy to analyze the situation and come to a correct conclusion. This is not argument of law, it is the application of logic. SCOTUS and the statute state unequivocally that the rescission is effective WHEN it is mailed, by operation of law. Everything else…[...]

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Tags: 15 USC §1635, 20 day limitation, extra-judicial remedy, jesinoski, legal standing, nonjudicial remedy, subject matter jurisdicition, TILA rescission
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I have been getting the same questions from multiple attorneys and homeowners. One of them is preparing a brief to the U.S. Supreme Court on rescission, but is wondering, as things stand whether she has any right to sue for damages. When our team prepares a complaint or other pleading for a lawyer or homeowner we concentrate on the elements…[...]

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Tags: 15 USC §1635, class action, injunctive relief, jesinoski, mass joinder, supplemental relief, TILA rescission, title after rescission
Posted in Corruption, Eviction, evidence, foreclosure mill, legal standing, Motions, Servicer |

Wells Fargo Agrees to Pay $2.09 Billion Penalty for Allegedly Misrepresenting Quality of Loans Used in Residential Mortgage-Backed Securities 08/01/2018 12:00 AM EDT The only thing I would add to what Dan Edstrom says below is that the courts are still treating WFB as a credible source and applying legal presumptions to its fabricated documents. This enables WFB and the…[...]

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What to do and what not to do with TILA Rescission Thursdays LIVE! Click in to the The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays   Whether you can sue for damages is one question. Whether the rescission had the effect of removing the jurisdiction, right or authority to dispossess you of title is another. And whether…[...]

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Despite warnings from Bar Associations and CLE courses that have been reported on this blog going back to 2008, lawyers routinely come into court and say "Good Morning your Honor, my name is John Smith and I represent US Bank." That is not exactly true. In fact, it is a misrepresentation. In most cases the foreclosing party is named as…[...]

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Like all professions the practice of law mostly involves activities that the client never sees. And it is the quantity and quality of work by the attorney that is the largest factor in getting a good result. The best result is having the foreclosure dismissed or vacated with findings of fact that make it virtually impossible for the foreclosing party…[...]

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Tags: defense narrative, depositions, discovery, LAWYER, motions, Pleading, trial preparation
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Once again, Attorney Beth Findsen in Scottsdale, Az has employed her considerable legal skills to create a crack in judicial doctrine regarding the application of the statute of limitations. In this case the decision was mostly restricted to credit card debt --- so far. The Court referenced other kind of debt and said it is not addressing that yet. In…[...]

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