Archives by Tag ' SCOTUS '
Jan 14, 2019

I have distilled the legal points and procedure of TILA Rescission down to their essentials and specifics as you can see below. In the case presented the 9th Circuit ruled in favor of the homeowner but in so doing continued to violate the law of the land enunciated by the Supreme Court of the United […]

Jan 10, 2019

Two days ago in the case of Obudskey v McCarthy and Holthus LLP the  Supreme Court of the United States (SCOTUS) heard oral argument on issues relating to the application of the Federal Debt Collection Procedures Act (FDCPA). The argument for including the law firm pursuing foreclosure was presented by DANIEL L. GEYSER, Esq. in […]

Sep 6, 2018

Hat tip to anonymous tipster I have previously posted articles written by lawyers who researched and analyzed the TILA rescission statute 15 U.S.C. §1635 et seq. The bottom line is that they all have come to the same conclusions that I have after 12 years of study. The latest one brought to my attention was […]

Aug 23, 2018

The simple answer is that the debt, or the claim on the debt, ends 20 days after notice of rescission. Otherwise the statute 15 U.S.C. §1635 and SCOTUS would have had no meaning when it says that the rescission is effective by operation of law at the time the notice is delivered. It provides a  […]

Jun 25, 2018

At what point does a final decision of SCOTUS actually mean anything? When confronted with TILA rescission, virtually all lower courts, state and federal, have taken up legislating from the bench, essentially over-ruling the Supreme Court of the United States (literally legally impossible). Agree or disagree — everyone has that right. But to obey or […]

Dec 26, 2017

10 years ago, seeing where the foreclosure wave was going and watching court cases, I said on these pages that the only solution to these foreclosures is Mandamus. First to stop judges from applying legal PRESUMPTIONS and second to stop judges from ignoring TILA rescission. Now someone has done it and others might follow suit, […]

Sep 23, 2015

In observance of the Jewish holiday of Yom Kippur, my office will be closed Wednesday, September 23. The following article was scheduled in advance: ======================================= See Anh N. Tran, et al. v. Bank of New York SCOTUS Certiorari_SRCH READ THE ENTIRE BRIEF SLOWLY AND STUDY IT. I think we have another case here where the […]