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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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 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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For more information on foreclosure offense, expert witness consultations and foreclosure defense please call 954-495-9867 or 520-405-1688. We offer litigation support in all 50 states to attorneys. We refer new clients without a referral fee or co-counsel fee unless we are retained for litigation support. Bankruptcy lawyers take note: Don’t be too quick admit the […]

Tags: investors, lenders, pretender lenders, REMIC, securitization, void note, voidable mortgage
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