Archives by Tag ' rescission '
Aug 18, 2008

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 […]

Jul 2, 2008

Mortgage ruling could shock U.S. banking industry Mon Jun 30, 2008 8:14pm BST By Gina Keating – Analysis LOS ANGELES (Reuters) – A lawsuit filed by a Wisconsin couple against their mortgage lender could have major implications for banks should a U.S. appeals court agree that borrowers can cancel their loans en masse when their […]

Jun 24, 2008

AS YOU CAN SEE FROM THE NEWEST ENTRIES TO GARFIELD’S GLOSSARY, WE HAVE PIECED TOGETHER THE REASONS FOR THE METEORIC RISE IN LOST NOTES. WE ARE FAST ARRIVING AT THE CONCLUSION THAT FATAL DEFECTS IN THE LOAN UNDERWRITING AND SECURITIZATION PROCESS HAVE EVISCERATED THE SECURITY PROVISIONS OF THE MORTGAGE AND THE OBLIGATIONS UNDER THE NOTE. […]

Jun 15, 2008

And now, because nobody stepped in before the flood began, a new industry is born — bigger than personal injury lawsuits — it the flood of claims under TILA, RESPA, RICO, Securities laws, common law fraud and state and federal laws concerning false and deceptive business practices. People will be rescinding or simply voiding their […]

Jun 1, 2008

Remember that rescission doesn’t mean you give back the house. It doesn’t even mean you have to give back the money to the lender against whom you are rescinding — THAT obligation commences AFTER the lender admits to the rescission or it is otherwise decreed and then it is reduced by the refunds of points, […]

May 23, 2008

The Federal Truth in Lending Act: What You Don’t Know Can Hurt You Pamela D. Simmons Introduction Ten years ago, I represented the borrower in a case that stemmed from a title company’s failure to secure a loan on all of the borrower’s land. (The title company had listed only one of several parcels of […]

May 22, 2008

We are still in process of revising our manuscript for publication with all the forms we can think of. Here is a  summary of our findings thus far. Generally we have two types of jurisdictions — the non-judicial sale jurisdictions and the mortgage foreclosure jurisdictions. California, Arizona and Nevada are non-judicial sale jurisdictions as are […]

May 16, 2008

§ 226.15  Right of rescission.    (a)  Consumer’s right to rescind.  (1)(i) Except as provided in paragraph (a)(1)(ii) of this section, in a credit plan in which a security interest is or will be retained or acquired in a consumer’s principal dwelling, each consumer whose ownership interest is or will be subject to the security interest shall have the right […]

May 10, 2008

we received the following comment which I think is very good for people to read. I edited it slightly to make it more readable. The original is in the comments below this post. Jose; You have one year from the date of rescission notice to file a lawsuit in the courts to enforce the rescission […]

May 9, 2008

Cash for keys is an offer from somebody that basically says that you are no longer the owner of the property, we can get an order of eviction, we can get the sheriff to throw you out, or you can accept $1,000 (or whatever the amount is in the offer) and get out on your […]