1sT Appellate District US Bank v Naifeh: “… we conclude that a borrower may rescind the loan transaction under TILA without filing a lawsuit, but when the rescission is challenged in litigation, the court has authority to decide whether the rescission notice is timely and whether the the procedure set forth in the TILA (sic) […]

Tags: 15 USC §1635, borrower, California 4th DCA, disclosure, foreclosure defense, foreclosure offense, fraud, identity of the creditor, jesinoski, Naifah, procedure, rescission, securitization, US BANK, void mortgage, void note
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For further information please call 954-495-9867 or 520-405-1688 ================================= see Third DCA – Beauvais Decision In the Third District Court of Appeal, Florida, the Court decided Deutsch v Beauvais against the alleged “creditor” Deutsch.. Dozens of appellate decisions across the country are reversing a long-standing pattern of rubber stamping trial courts who exceeded their discretion, […]

Tags: 3rd DCA, accelleration, Am Bankers, Beauvais, Deutsch, Florida, statute of limitations, void mortgage
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Click in to tune in at The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays ========================= For further information or assistance please call 954-495-9867 or 520-405-1688 ————————————— Hat Tip to Patrick Giunta, Esq., Senior litigator and manager of litigation for the livinglies team. see 18th Judicial Circuit BOA v Nash VOID […]

Tags: 18th judicial circuit, america's wholesale lender, Bank of America, countrywide, Donald duck loans, Nash, recovery of all payments, reverse foreclosure loans, Seimole County, void mortgage, void note
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For further information and assistance please call 954-495-9867 and 520-405-1688. We will be covering this decision on the Neil Garfield show tonight. ———————————- Click in to tune in at The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays see http://stopforeclosurefraud.com/2014/11/18/in-re-washington-bankr-court-d-new-jersey-morris-county-homeowner-gets-a-free-house/ also see Senator Elizabeth Warren Ramping Up Attack: When Will “Principal […]

Tags: bankruptcy, BONY, Mellon, New Jersey, SPS, statute of limtiations, void mortgage
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For further information or assistance please call 954-495-9867 or 520 405-1688 ————————————- See CitiBank v Delassio 756 F Supp 2d 1361 2010 This case is often cited by servicers and banks to enforce a note and/or mortgage. Lots of people regarded this decision as “bad” because it approved the foreclosure. The natural impulse is to […]

Tags: AHMSI, American Brokers Conduit, and FDCPA claims, Citi Mortgage, delivery, disclosures, Economic waste, endorsement or assignment in securitization scheme, lack of jurisdiction, Pooling and Servicing Agreement, PREDATORY LOANS, real estate settlement and procedures act, rescission, Truth in Lending Act, void mortgage, void note, you UCC
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