For more information please call 954-495-9867 or 520-405-1688 ============================== see http://www.courant.com/opinion/letters/hc-go-after-mortgage-fraud-perps-20150427-story.html It appears that the statute of limitations might be running out this year on any claim against the officers of the banks that created the fraudulent securitization process. Eric Holder, outgoing Attorney general, made an unusual comment a few months back where he said […]

Tags: Eric Holder, IPO, Reg Z, REMIC trusts, rescission, statute of limitations, TILA
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For further information or assistance please call 954-495-9867 or 520-405-1688. We are starting a new pilot offering for those who are close readers of the blog. Call one of the numbers above and ask about our package of services relating to rescission either with respect to rescission letters previously sent or rescission letters that are […]

Tags: rescission, TILA
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For further information please call 954-495-9867 or 520-405-1688 ========================= It is becoming crystal clear that with help from a competent attorney the options under the TILA rescission process are (a) different from common law rescission and (b) very effective against “lenders” who can no longer hide behind “presumptions”. LIKE THE PRESUMPTIONS THAT HAVE BEEN STRICTLY […]

Tags: Fabrication of documents, NONJUDICIAL, presumptions, Reg Z, rescission, TILA, Wells fargo ADmission, Wells Fargo manual
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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 […]

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 […]

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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Further information please call 954-495-9867 or 520-405-1688 No radio show tonight because of birthday celebration — I’m 68 and still doing this ============================== The enforcement of promissory notes lies within the context of the marketplace for currency and currency equivalents. The enforcement of mortgages on real property lies within the the context of the marketplace […]

Tags: assignment, consideration, debt, endorsement, enforcement of debt, enforcement of mortgage, enforcement of note, loan contract, Mortgage, note, Regulation Z, rescission, Scalia, TILA
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For more information please call 954-495-9867 or 520-405-1688 This is for general information only. It should never be used as a substitute for the advice of an attorney licensed in the jurisdiction in which your property is located. ============================== see also 201306_cfpb_laws-and-regulations_tila-combined-june-2013 I’ve been busy dealing with Judges who are resisting meritorious defenses and proactive […]

Tags: canceled note, chain of title, disgorgement by lender to borrower, liability for debt, modifications, nullification of mortgage, nullification of note, proactive mortgage challenges, rescission, satisfaction of mortgage, TILA rescission
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For further information please call 954-495-9867 or 520-405-1688 ============================== For lawyers only: Many homeowners are going back and digging up their notices of rescission. There are cases in state court, federal court and bankruptcy court that could be and probably are effected by the US Supreme Court decision that made it clear that TILA rescission […]

Tags: effects of TILA rescission, motion to set aside order or judgment, nullification of mortgage, nullification of note, rescission, TILA, Truth in Lending Act
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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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For further information please call 954-495-9867 or 520-405-1688 ============================= TENDER IS NOT REQUIRED FOR RESCISSION TO BE EFFECTIVE SCOTUS DECISION CONVERTS RESCINDED SECURED DEBT TO UNSECURED EFFECT ON OLD BANKRUPTCY CASES UNKNOWN see TILA Rescission The decision is merely a statement of the obvious. Scalia, writing for a UNANIMOUS court said that the statute means […]

Tags: Mortgage, notice of rescission, quiet title, rescission, Scalia, statute of limitations, Supreme Court, tender, TILA, wild deed
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