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 further information please call 954-495-9867 or 520-405-1688 ================================== see At this point it is clear that the banks actually targeted people of color and other demographics where the likelihood of “default” on a loan was extraordinarily high. The ACLU in its latest report on the mortgage crisis proves this to any remaining doubters. This […]

Tags: ACLU, predatory per se, Regulation Z, reverse red-lining, table funded loans, TILA
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For further information please call 954-495-9867 or 520-405-1688 ============================ Submitted from a person who is an anonymous source but who works deep inside an organization where the raw data is available and just to be clear —- I told you so: Bonding experience Subject: Bonding experience Sorry for the title line, low hanging fruit……Anyway, I […]

Tags: Chase, Citigroup, disclosures, Reg Z, RESPA, TILA, traunch, where are your monthly payments going?, Why won't banks open their books?
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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 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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For further information please call 954-495-9867 or 520-405-1688 ============================== Bryan G. Scott has written an excellent article that should be read in its entirety at http://www.jdsupra.com/legalnews/its-not-the-crime-its-the-cover-up-e-39616/ This article runs to the heart of the mortgage mess, the cover-up and the potential impact on past, present and future foreclosures in the application of statutes of limitation […]

Tags: concealment of facts, construction defencts, contract, equitable estoppel, foreclosure, fraud, North Carolina, TILA, Trillium Ridge
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For further assistance please call 954-495-9867 or 520-405-1688 ———————————— Carol Molloy, Esq., one of our preferred attorneys is now taking on new cases for litigation support only. This means that if you have an attorney in the jurisdiction in which your property is located, then Carol can serve in a support role framing pleadings, motions […]

Tags: American Brokers Conduit, Chrsitiana bank, Donald duck loans, HAMP, HDC, PETE, PSA, Quicken Loans, REMIC TRUST, RESPA, The Money Source, TILA, Transfer without sale, UCC
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 The answer to that question is that probably nobody has the right to execute a satisfaction of mortgage. That is why the mortgage deed needs to be nullified. In the typical situation the money was taken from investors and instead of using it to fund the REMIC trust, the broker-dealer used it as their own […]

Tags: borrower, broker-dealer, co-obligors, disclosure, insurance, investment bank, Investor, securitization, TILA, trading, trust beneficiary, yield spread premium
Posted in Corruption, evidence, expert witness, foreclosure defenses, Modification, Pleading, securities fraud, Servicer |