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 […]

Tags: 20 day window for banks to challenge rescission, 3 day rescission, 3 year statute of limitations, Florida Supreme Court, holder in due course, Justice Scalia, TILA rescission, UCC, US Supreme Court
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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 […]

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 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 […]

Tags: 3 day rescission, 3 year rescission, BURDEN OF PROOF, notice of rescission, rescission, statute of limitations on "lender" for filing suit within 20 days, statute of limtiations on borrower, TILA
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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 […]

Tags: 3 day rescission, ARTICLE 3, article 9 UCC, Forensic TILA Analysis, general claims rescission, negligence, negligence and recklessness, rescission, RESPA, Steinberger v Hon.McVey/OneWest, UCC, Unconscionability: Procedural and Substantive, Wane v. Loan Corp
Posted in Corruption, Eviction, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

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. […]

Tags: 3 day rescission, foreclosure defense, foreclosure offense, general claims rescission, three year recission
Posted in Eviction |

COME TO OUR SANTA MONICA SEMINARS 9/3-9/4 florida-regulator-resigns-after-letting-bank-robbers-and-other-felons-operate-as-mortgage-brokers Dear Bryan: OK. FIRST OF ALL YOU WILL BE CONTACTED BY A MEMBER OF OUR TEAM TO GET FURTHER INFORMATION SO WE MIGHT BE ABLE TO HELP YOU A LITTLE MORE. PLEASE REMEMBER THAT I AM A LICENSED ATTORNEY IN FLORIDA BUT ACTUALLY DON’T PRACTICE ANYMORE. WHATEVER […]

Tags: 3 day rescission, foreclosure defense, lost note affidavit, rescission, selling forward
Posted in Eviction |