[polldaddy poll=2155545] For further information please call 954-495-9867 or 520-405-1688 RESCISSION IS NOT A GIMMICK. IT IS PUBLIC POLICY! TILA is designed to punish banks who play outside the rules. It is designed to put all the power into the hands of the borrower. AND it has worked up until it stopped working with hundreds of erroneous decisions by trial…[...]

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Tags: 3 year statute of limitations, consummation, equitable tolling, loan contract, TILA rescission, Weintraub
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Click in to tune in at The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays DID YOU RESCIND? ASK QUESTIONS TONIGHT! What Happens When You Send a Notice of Rescission NOW? see http://www.natlawreview.com/article/truth-lending-act-and-rescission-lessons-learned-lenders-jesinoski-v-countrywide In a posting by what appears to be a bank lawyer for benefit of his clients he makes it clear that the banks…[...]

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For further information please call 954-495-9867 or 520-405-1688 ==================================== see http://dtc-systems.net/2015/03/jpmorgan-chase-admits-failure-comply-april-13-2011-independent-foreclosure-review-consent-order/#more-2157 see also 27_page_settlement2 We already knew that the servicers, banks and trustees were violating the settlements and consent orders that were entered against them for filing fraudulent papers in fraudulent foreclosures. Now the question is what to do about it. With respect to the 2011 consent orders Chase admitted…[...]

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Tags: affidavits • attesting • Daniel Edstrom • DTC-Systems • fabricating • false information • false sworn documents • foreclose • illicit business practices • improper statements • imp, Chase, consent orders, discovery, fabrication, fraudulent foreclosures, perjury, presumptions, settlements, US BANK
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For further information please call 954-495-9867 or 520-405-1688 ============================== http://www.dailybusinessreview.com/home/id=1202719316326/Florida-Supreme-Court-to-Visit-LenderFriendly-Foreclosure-Rulings?mcode=1202617073880&curindex=0&slreturn=20150203104522 "Kafaesque" is the term being applied to the state of Florida law on foreclosures. If you have commercial property then you have rights, but if it is your home, then maybe you don't. Due process has been shattered for homeowners while complete strangers take their homes with the cooperation of…[...]

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Tags: 60 minutes, bartram, due process, Florida Supreme Court, foreclosures, statute of limitations
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For further information please call 954-495-9867 or 520-405-1688 Please consult an attorney who is licensed in your jurisdiction before acting upon anything you read on this blog. ================================== Anyone following this blog knows that I have been saying that unity of investors and borrowers is the ultimate solution to the falsely dubbed "Foreclosure crisis" (a term that avoids Wall Street…[...]

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Tags: Altisource, borrower relief, Citibank, consumer protection, creditors, Deutsch Bank, discovery, foreclosure laws, Home Loans Servicing Solutions, HSBC, investors, Master Servicer, Mellon, Ocwen, Pooling and Servcing Agreements, PSA, Servicer advance recovery, Servicer advances, trust funds, US BANK, Wells Fargo
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For further information please call 954-495-9867 or 520-405-1688 =============================== We are starting to get a peek at the strategy the banks will employ in dealing with notices of rescission. In one case the homeowner sent the notice of BOA, who answered that they received it (one problem solved) and that the new servicer is Ocwen (whose business practices have been…[...]

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Tags: 20 day period for lender to file agaisnt rescission, BOA, disgorgement of payments made under rescission, notice of rescission, Ocwen, ownership and balance, reasons for rescission, rescission, response to rescission, standing, 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 what happens when the three…[...]

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Tags: 20 day statute of limitations, 3 day rescission, 3 year rescission, 9TH CIRCUIT, consummation, creditor, equitable tolling, lender, Loan Closing, remedial statute, rescission, TILA, TILA disclosures
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For further information please call 954-495-9867 or 520-405-1688 ================================== see [embed]https://www.aclu.org/sites/default/files/assets/aclumfy_mortgage_report.pdf[/embed] At this point it is clear that the banks actually targeted people of color and other demographics where the likelihood of "default" on a loan was extraordinarily high. The ACLU in its latest report on the mortgage crisis proves this to any remaining doubters. This report also shows that…[...]

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Tags: ACLU, predatory per se, Regulation Z, reverse red-lining, table funded loans, TILA
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Click in to tune in at The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays DID YOU RESCIND? ASK QUESTIONS TONIGHT! We continue answering questions tonight on rescission and legal strategies that lawyers should be thinking about. It's all about the lack of meat in the sandwich --- there is no underlying transaction IN THE CHAIN…[...]

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