The main point is that borrowers must calibrate their thinking. Debtors are not dealing with anyone who wants to collect payments. They are dealing with someone who wants a foreclosure so they can steal the proceeds. The forced sale of the house generates revenue that is distributed to several players involved in the foreclosure effort […]

Tags: ATTORNEY FEES, damages, disgorgement, interpleader, sending documents to servicer, tender of payment, wrongful foreclosure
Posted in discovery, evidence, Fabrication of documents, foreclosure defenses, Pleading |

a per se violation of TILA or any other Federal or State law makes the act also per se violations of the FTC act, (and the applicable little FTC acts passed in various states). Florida is used here as an example.  Get a consult! 202-838-6345 https://www.vcita.com/v/lendinglies to schedule CONSULT, leave message or make payments.   THIS […]

Tags: 501.203, 501.204, disgorgement, FDCPA, FDUTPA, federal preemption, FTCA, Little FTC, per se by court, per se by description, per se by reference, per se violations, predatory per se, Reg Z
Posted in Uncategorized |

What is apparent here is that the Courts are coming to terms with the possibility that those relying upon a statute of limitation as a defense to various claims might NOT be protected by an otherwise applicable statute of limitations. The premise enunciated in a decision that seeks affirmation from the U.S. Supreme Court, is […]

Tags: disgorgement, SEC, SEC v Kokesh, statute of limitations
Posted in Uncategorized |

We get it. Judges don’t like statutory rescission under TILA. They are not required to like TILA rescission but they are required to follow it. This decision openly defies the SCOTUS ruling and refuses to apply it. Despite clear legislative intent to prevent banks from stonewalling rescission they are succeeding in doing so nonetheless as […]

Tags: 20 days, damages, disclosure, disgorgement, effective, foreclosure defense, foreclosure offense, fraud, jesinoski, Mortgage, note, securitization, TILA rescission
Posted in Uncategorized |