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DID YOU RESCIND?
ASK QUESTIONS TONIGHT!
CAN YOU SEND A NOTICE OF RESCISSION TODAY?
So now that I have spread the word, I am getting all kinds of “forms” for rescission letters, which is only one of the reasons why we decided to put together a package of services to analyze your loan, your litigation and your current status and determine how to use any rescission strategy. You can call our CR numbers for information on this Pilot Rescission Services program which ends in its current form on April 14, 2015. 520-405-1688 or 954-495-9867. On the West Cost you can ALSO call Charles Marshall’s office (CA lawyer, very good), speak to him or the senior LivingLies forensic analysts Dan Edstrom and Jim Macklin. All three can be reached at 530-888-9600
Just to be clear — ANY declarative statement that you are cancelling or rescinding the loan is sufficient. You don’t need to state your reasons (it isn’t a pleading, it is more like an Order). More isn’t better. Like one that I read last week that cited state law as the basis of the rescission. That opens the door for the servicer or bank to argue that TILA rescission rules don’t apply. You don’t need to cite specific sections of TILA or even mention TILA, but if you start acting like a lawyer and cite to specific state or Federal law you are opening the door for an argument that otherwise would not exist.
So tonight we are going to take up the questions of
WHAT DO I SAY IN A NOTICE OF RESCISSION?
DO I NEED A LAWYER TO RESCIND?
DO I NEED A JUDGE TO ORDER RESCISSION? (Spoiler — No)
WHO DO I SEND IT TO?
WHAT IF THE SERVICER WON’T TELL ME WHO THE LENDER IS?
IS THERE A “RIGHT FORM” TO USE FOR RESCISSION? (Spoiler — NO)
WHAT SHOULD I EXPECT FROM THE SERVICER OR BANK WHEN THEY RECEIVE THE NOTICE OF RESCISSION?
HOW DO I ENFORCE THE RESCISSION?
DO I KEEP MAKING PAYMENTS AFTER I SEND THE NOTICE OF RESCISSION?
WHAT SHOULD I NOT DO?
And then you have the questions from last week:
1. What if I am wrong about TILA rescission? Is there immunity?
2. If I sent notice of the TILA rescission and kept paying, what happens then?
3. If I sent notice of TILA rescission and the bank foreclosed anyway, then what?
4. If I send a notice of TILA rescission do I need to bring a lawsuit? (Short answer is NO).
5. If I send a notice of TILA rescission do I have to give back the house? (Short answer is NO)
6. If I send a notice of TILA rescission do I need to offer them or tender anything in order to make the rescission effective?
7. If the servicer or bank ignored the TILA rescission and went ahead with foreclosure can they be sued for wrongful foreclosure?
8. Do I need a lawyer to rescind?
9. Can I get my house back after foreclosure if I rescinded before foreclosure?
10. Is there a statute of limitations on enforcing the effective date of rescission?
11. What is the effect on title after rescission becomes effective?
12. Is there a difference between TILA rescission and other types of rescission? (Short answer, yes see TILA and US Supreme Court)
13. Does Rescission stop the sale of the property? (probably not, if rescission is sent before sale but after a final judgment of foreclosure)
14. What is the difference between three day rescission and three year statute of limitations on rescission?
15. How does the one year statute of limitations on borrower claims effect rescission?
16. When was my loan “consummated?”
Filed under: foreclosure |
Everyone keeps jumping to conclusions on this TILA Rescission, but isn’t there a statute of limitations of 3 years on this?
17. How do you rescind on what was a crime? Or was everyone a straw buyer.
Anyone notice over the years ( in Calif. ) charges with President’s Financial Fraud Enforcement Task Force happen inland or Northern CA but almost never along the coast line.
David,
It’s great your research led to results they cannot falsify.
I’m rooting for you.
Trespass Unwanted
I think this is bigger than just TILA. This is a message to the lower courts that they cannot legislate from the bench anymore. This applies to UCC OCC etc……….
LET MY PEOPLE GO.
TRASPAST UNWANTED,
the problems for the banks, in my case, is i do have the all copys of all banks asset as of may/june 2012. that had to be reported to a bk trustee and bk judge. thousands of doc’s , and i went though all of them. meanng anyone that was in psa,mortgage/ mortgage note, registry of deeds, saying they own it.
guess what . they own nothing. by all bk filing’s of what they reported to bk trustee and bk judge. what they said they own as asset of company. that why i hope they do file in the 20 day period, this way i can show all of all the fraud.
Does the FOIA apply to judges?
NEVER AGAIN
Christine and Rock are Cyber Bullies.
NEVER AGAIN
Bellinger I’ll answer your question, outside the purported legal system in the real world the answer is hell(o) no!
But once it crosses the threshold /door into a court house, where they get people to make appearances but don’t see them, well these ghost assets can exist, they can be conjured up out of no where and be presumed to be real because courts move on the energy of presumption even when no real energy or real charge for moving the court exists.
page 46 paragraph 223 of the lawsuit against hillary/clinton family/clinton foundation, contains the RICO definition.
http://www.freedomwatchusa.org/pdf/150324-filed%20Clinton%20RICO%20complaint.pdf
I opinionate a guarantee you the banks and courts fall within the provisions but no one can write the right suit that would be heard by a judge that is in the real world dealing with facts (neither fact nor law will be tried in court), so the only thing to be heard are ghost transactions, illusions, presumptions.
Think about it, a man you never met writes a traffic ticket (it carries a value), in some states he makes you sign it (yes makes you sign it) and in others he’ll be the only one to sign it.
He takes it to a court, and they enforce the obligations knowing
1. if your signature is on it, you had no meeting of the minds, you could not have your freedom back unless you signed it, or
2. He is the only one to sign it and he doesn’t even have power of attorney over you yet by his signature alone the obligation is supposedly yours.
3. So your identity is used to create a debt that now is supposedly yours when in the real world, in order to agree to pay a debt, two or more have a meeting, and they use their minds to come to an agreement, thus the meeting of the minds.
4. In some states if you don’t pay this debt this unknown man created, the court will report the debt to a third party in the public,
5. This violates CFPB rules, if you dispute a debt they cannot report it to third party individuals.
6, The judge who has no prior knowledge of the transaction and based on hearsay evidence will report the debt to the driver’s license department of the state.
7. The driver’s license department of the state will attach the purported debt to the driving record as a debt owed and not paid to a court.
8 Anyone seeking employment may have to agree to a background check, in some instances the background check includes the driving record and that information can and will be used to prevent you from getting a job.
Tell me this isn’t racketeering also?
Now take the mortgage transaction and walk through it. A contract with only your signature and initials and other people pushing papers claiming to be owed some debt and a judge taking all this hearsay and posting judgments in the public notifying third parties of this debt that does not exist, and it gets on credit reports and anyone looking for a job may have to agree to a background check which includes a credit report and that information can and will be used to prevent you from getting a job.
Bankruptcy is the same way, after it’s over, it’s reported in the public.
Ever wonder why? If the debt is gone and the creditors are paid, why are they reporting this as a debt on the credit report? Why can it be used against you to prevent you from getting a job?
The FDIC guy didn’t get involved until his house was on the table.
I told you, the rich will be last to go through this process.
There will be no one to speak for them, and if they are shown to get changing decisions to protect their own property when they had decisions to not protect ours, they will be criminally implicating their selves.
This plan was like looking into the future to figure out how to steal with impunity and immunity, and since the banks toss this bad paper over the fence and all these agencies make it legitimate for them, well there really is plausible deniability.
The lawyers and judges legitimize these papers as debt, and issue the paperwork that makes it public for third parties to see to make it more legitimate and to affect the people.
It’s identity theft, the traffic ticket instance, if forced to sign to agree to something you don’t agree to, or forced to be obligated to something you didn’t sign because someone had your identifying info and put it on a contract, it’s identity theft.
RICO has always been it, but they write the law as a remedy and there is no one in the world, no one who will enforce it, not even the people who wrote it, and not even the highest office that has authority to enforce it.
The highest office will say, it looks like RICO, and smells like RICO, and acts like RICO but they one who claimed RICO forgot to put the word ‘the’ in place of the word ‘a’, and this word over here is in past tense when it should have been in present tense, and over there in that paragraph, they should have put a comma instead of a period to tie the acts together, but they have separated the acts with the period.
We can’t hear this as a RICO case because the lawsuit/complaint is not written right.
Got’s to be careful with those opinions, right, cause if you state it as fact, someone gets pretty angry.
Trespass Unwanted, Creator, Corporeal, Life, Free, Independent, State, In Jure Proprio, Jure Divino
this will be the next argument that the bank will try in court when homeowner file to get money owed.
we do not own the mortgage/note. so we owe nothing.
really, so how about the assignments,affidavit, sworn statements, on the homeowners records at registry??
oh must be mistake, we will take care of that right away your honor.
can you all see this happening.
judge saying. oh a mistake , that’s ok then, please correct that mistake and clear off that mortgage and note of borrower land records,
bank saying no problem judge will do it today.
mortgage gone/ note gone/ all homeowner money paid in gone, but homeowner will have free and clear tittle to home.
but bank still wins. also.
the argument of the statue of limitation that banks can bring up, can only be brought up in that 20 day period in filling suit, alleging the statue of limitation is why the court should not allow the rescission.
20 days people. if they dont. they lose. end of story.
Christine, please stop it right now, is it just that you dont want the truth to get out, or are you that stupid, with no common sense.
the law of the land is done, and now we the people have been validated by the supreme court, oh wait, THE UNITED STATES SUPREME COURT, THE HIGHEST COURT OF THE UNITED STATES OF AMERICA!!!!!!!!!!!!!!!!!!!! NO AND I REPEAT NO OTHER COURT, OR JUDGE, FEDERAL OR STATE, CAN CHANGE WHAT THE SUPREME COURT UNANIMOUSLY SAID.
THAT ALL JUDGES IN THIS COUNTRY HAVE BEEN DEAD WRONG, AND WITH THAT SAID. THE BANKS HAVE TO.
WITH IN 20 DAYS THE BANK,SERVICER,LAWYER FOR THEM, TRUSTEE,TRUSTS.
MUST FILE IN 20 DAYS IF THEY DISAGREE WITH THE LETTER OF RESCISSION. PERIOD. END OF DISCUSSION.
NOW THE HOME OWNER HAS ONE YR TO FILE WITH THE COURTS TO GET THE BANKS/SERVICERS,TRUSTEE TRUST TO DO WHAT THEY HAVE TO DO BY OPERATION OF LAW,
PAY ALL MONEY BACK TO HOMEOWNER..
AND THEY CANT SAY A THING, AS THERE RIGHTS FOR NOT FILLING IN THAT 20 DAY PERIOD. TO ARGUE ANYTHING IS GONE, NO DEFENSES. NADA,CAPUT,GONE,BUY BUY, SORRY.
THE ONLY THING THE JUDGE CAN DO IS INFORCE THE RESCISSION FOR THE HOMEOWNER AT THAT POINT, AS THEY DID NOT DENY THE RESCISSION NOTICE.
AND BY THE WAY, THIS IS STILL GOOD EVEN IF THE LOAN WAS 10 15 YRS AGO, AS THEY NOW CAN NOT IF THEY DONT FILE IN 20 DAYS, SAY THE STATUE OF LIMITATION IS GONE. THEY CANT BRING UP ANY DEFENSE. NOTHING.
SO ROCK,CHRISTINE, BITE ME. AND ONCE I HAVE THAT PILE OF CASH ON MY BED, I WILL POST IT ON HERE TO SHOW YOU. AM RIGHT.
4 MARCH 2015, IN MAIL, THAT GIVES THEM UNTIL 31 MARCH TO FILE ANYTHING. JUST A FEW DAY AWAY. AM REALLY HOPING THEY DO. BECAUSE OF ALL THE DOC’S I HAVE, SHOWING ALL THE FRAUD.
hey rock,
you must be one smart person, so let’s see if you can , wait i have to make sure you will be able to comprehend this question,??
ok. question ! and if anyone else would like to have a say, hum, like
christine, as you have won so many cases.
can any bank, or servicer acting for a bank, or trust, or trustee, foreclose on a non-existent ( ASSET ) OF THE BANK,TRUST,TRUSTEE, .??
SIMPLE QUESTION.
located at site of , kccllc.net case number 12-12020.
every one should go to this site, look up rescap bk, it involved 5 major banks not just rescap/gmac.
under the site of kccllc it show all sceduals of assets they had to report to bk trutee and judge.
as i went thru all gmac mortgage,llc. found nothing of my mortgage in there assets. so they cant say or give mers permission to do anything.
dont own assets , cant say what to do with a asset they dont own.
dan the man, look i sent out certified letters to all party in my psa,mortgage/note/dtcc/ anyone that was named in the psa. and all servicers,trustee’s, /trust/ etc etc, anyone that is on any paperwork.
also am putting it on my land records, need lawyer to do it, but worth it, it will show you did rescin it. and they anyone that think they can come in and foreclose will see it. and run forest run will happen. hahahah.
am also putting on record a copy of all doc’s from sec i have showing mortgage as being payed off in full only after one payment was made, and them selling the mortgage for the fraud inflated appraisal price.
and the note showing it was sign and dated the same day as closing to a bank not told about at closing . no disclosures on this bank. that funded the money. that is why i rescission the whole thing.
did it on march 4th 2015, that gives them until 31 march to file anything.
I know you are very busy with other stuff, but wanted to get it off my chest, and to have it down on paper, but though you might
get a kick out of it, reading. I and my wife thank god for you both, and many homeowners all over country are saying to. so thank you.
david belanger,
and I didn’t even go into them changing the income to 7500 amonth that was used to get loan, even as they had copy of tax forms for 3 yrs prior
that show him as only making 8900 a yrs, ssn only income. oh well. that’s another story.
as you know I have been researching my matter for now going on 5yrs, and I do allot on sec sites/ and edger sites, and the
bk of res-cap.
what I have found is amazing , and along with wells fargo site, ctslinks.com , found allot of info.
but this is something that should tell all, that GMAC MORTGAGE CORPORATION AS OF 25 OCT 2006, STOP EXSISTING, AND A NEW COMPANY
CAME INTO PICTURE, THAT WOULD BE GMAC MORTGAGE ,LLC.
now as you know , ONLY SOMEONE THAT OWNS A ( ASSET ) CAN , TRANSFER, ASSIGN,SELL, OR ANYTHING ELSE THAT MIGHT COME UP
WITH THAT ASSET. RIGHT.
SO, 1/ as of the bankruptcy of res-cap and all affiliates, IN MAY 2012, they all had to give to court a complete accounting of assets that they own.
I have gone through all 600 plus pages of gmac mortgage ,llc total assets . and found that they do not own any mortgages/note that we have.
my mortgage and note. with that said,
1/ first , mortgage and note, was sign and dated to some other party, without recourse, that borrower did not have any knowledge at time of
origination and closing.
had something to do with the funding of said mortgage /mortgage note! TILA/RESPA violations. did note find this out until last yr , 2014 after getting
a full copy of closing doc’s from closing attorney. and that gmacm mortgage loan trust was part of the mortgage before signing the mortgage?
2/ the first assignment on record at registry of deeds, is in august of 2012, from gmac mortgage corporation to mers, mers to fraudulent non-existent
securitized mortgage trust, also affidavit’s were put on that are also part of the fraud, in that MERS,MORTGAGE ELECTRONIC REGISTRATION SYSYTEMS,INC,MERSCORP, HAD TO HAVE A LETTER OF AUTHORITY FROM GMAC MORTGAGE CORPORATION TO ASSIGN ANYTHING OUT OF MERS. AS OF OCT 25 2006, GMAC MORTGAGE CORPORATION WAS DESOLVED, NO LONGER EXSISTED.
SO HOW COULD MERS,MORTGAGE ELECTRONIC REGISTRATION,INC GET SUCH AUTHORITY??? FROM A NON-EXSITENT CORPORATION.
3/ SO LET GO AHEAD, NOW EVEN IF GMAC MORTGAGE ,LLC, SAY’S THERE WAS A MERGER, SO WHY DIDN’T GMAC MORTGAGE DO THE
ASSIGNMENT???, AT REGISTRY OF DEEDS?? IN 2012. WELL I DO KNOW WHY, THEY GMAC MORTGAGE CORP,GMAC MORTGAGE ,LLC
DIDNT AND DOES NOT OWN THE MORTGAGE AND NOTE, THATS WHY. HOW, DO I KNOW THIS, YOU MAY ASK.
BECAUSE I WENT THROUGH ALL ASSETS OF GMAC MORTGAGE ,LLC. ALL 600 PLUS PAGES OF ASSET’S THAT THEY REPORTED TO BK COURT, AS OF JUNE/JULY 2012 THAT WENT BACK TO 2011. AND MY MORTGAGE AND NOTE IS NO WHERE IN THE ASSET OF GMAC MORTGAGE , LLC.
4/ ITS FUNNY TO ME EVEN TODAY, AS TO HOW THEY THINK THEY CAN FORECLOSE ON SOMETHING THEY DONT OWN,.
SO NOW COMES, TRUSTEE TO GMACM MORTGAGE LOAN TRUST 2006-J1, AND AS I HAVE SAID FROM BEGINNING , THAT EVEN GMACM MORTGAGE LOAN TRUST WAS AT CLOSING TABLE, WITHOUT THE KNOWELAGE OF THE BORROWERS. AGAIN TILA/RESPA VIOLATIONS.
BUT LETS LOOK AT CHAIN OF TITLE, THAT MUST BE DONE TO PERFECT A INTEREST IN THE MORTGAGE AND MORTGAGE NOTE, TO HAVE OWNERSHIP, TO BE HOLDER IN DO COURSE,IN COURT OF LAW., GMAC MORTGAGE CORP, TO DESUCH BANK AND TRUST, DESCH BANK AND TRUST BACK TO GMAC MORTGAGE CORP, GMAC MORTGAGE CORP TO RESIDENTIAL ASSET MORTGAGE PRODUCTS,INC, BECAUSE
OF PURCHASE AND SALE OF MORTGAGE AND NOTES, THAT WAS DONE 3 FEB 2006. SO AFTER THAT POINT. NO LONGER DOES GMAC MORTGAGE CORP/OR GMAC MORTGAGE ,LLC. HAVE ANYTHING TO DO WITH MORTGAGE AND NOTE. NOTHING. CANT. SAY ANYTHING OR DO ANYTHING. BY SECURITYS LAWS AND CONTRACT LAW. NOW RESIDENTIAL ASSET MORTGAGE PRODUCTS,INC, SELLS THE MORTGAGE AND NOTES TO FRAUD TRUST, GMACM MORTGAGE LOAN TRUST 2006-J1. 27 FEB 2006. THEN FRAUD TRUST DESTROYS OUR MORTGAGE AND NOTES,TO SELL STOCK SECURITY CERTIFICATES USEING OUR MORTGAGES AND NOTES AS COLLATERAL FOR THE CERTIFICATES. BY THEM DESTROYING THE ONLY ORIGENIAL MORTGAGE AND MORTGAGE NOTE, IT WOULD BE IMPOSSABLE TO HAVE THEM NOW APPEAR IN ANY COURT OF LAW, SAYING THEY ARE ORIGENIALS.. IS FRAUD APPONED THE COURT. AS A SECURITY NOW
BY LAW , THERE ONLY CAN BE , ONE OR OTHER SO BY DESTROYING ORIGINALS , THERE ONLY CAN BE A SECURITY CERTIFICATE. BY LAW
THEY CAN NOT BE BOTH AROUND AT SAME TIME. DOUBLE JEPPERTY LAW CLAUSE.
5/ NOW MY MORTGAGE/ AND NOTE HAS BEEN SPLIT/ DIVIED INTO AT LEAST 26 DIFERENT TRAUNCHES. CAN ANYONE TELL US
WHAT TRAUNCH IS MY FULL MORTGAGE AND NOTE IN????? NO WAY. IMPOSSABLE. BECAUSE ITS PART OF A SINGLE TRUST ASSET,
SO SHOW ME THE TRUST ASSETS. THEY CANT. BECAUSE THERE IS NO TRUST TO PUT THE ASSET IN…THERE IS NO PROOF THAT ANY TRUST DOES EXSIST. NONE. THIS IS WHY ALL INVESTORS AND THE GOVERMENTS HAVE SUID ALL THESE BANKS FOR FRAUD, AND THE BANKS SAID WE NEVER HAD TRUST OR EVEN PUT MORTGAGES INTO THE TRUSTS, AS REQUIRED BY PSA CONTRACT. AND NY YORK TRUST LAWS.
6/ UNDER THE FREE WRITTING PROSPECTUS I HAVE A COPY OF. IT DOES SHOW MY MORTGAGE IN IT, BUT IT SHOWS THAT , AS OF
THE ISSING DATE OF THE CERTIFICATES, THAT MY MORTGAGE WAS PAID IN FULL, AS OF 2/1/2006..THATS RIGHT PEOPLE
THE SECURITY AND EXCHANGE DOCUMENTS SHOWS, ISSUE DATE BALANCEPAID TO DATE, AS IN PAID IN FULL AS OF THAT DATE.
IT SHOW MY MORTGAGE BALANCEPAID TO DATE AS 349,349.89. HUM.
THEN ON SAME SECURITY AND EXCHANGE DOCUMENT IT GO ON TO SHOW THEM ( SELLING ) MY MORTGAGE FOR THE FRAUDUENT
INFLATED APPRAISEL PRICE OF ( 500,000.00 ) DOLLARS. HUM???
7/ SO AS FAR AS AM CONCERN THERE ISNT ANY MORTGAGE AND NOTE AFTER 2/1/2006. AS IT SHOWS AS BEING PAID OFF AS OF THAT DATE. LAW SAYS ONCE A DEBT IS PAYED ONCE , NO MATTER WHO PAID THE DEBT, A DEBT CAN ONLY BE PAID ONCE.
8/ NOW THIS IS WHY I SENT OUT A TOTAL RESCISSION OF LOAN , MORTGAGE AND NOTE. ON 4 MARCH 2015. THERE WERE MANY
PEOPLE/ENITTYS/AND ALSO REAL PARTY THAT FUNDED THE MORTGAGE THAT WE THE BORROWERS HAD NO KNOWLEGE WAS AT TABLE AND NEVER RECEIVE ANY TILA/RESPA DECLOSURES FROM. EVEN AS OF TODAY, 23 MARCH 2015, SO AS FAR AS AM CONCERN
THERE HAS NEVER BEEN A COMSUMATED DEAL AS OF 23 MARCH 2015. FROM ALL PARTYS AT CLOSING TABLE.
9/ THEY THE BANKS/OCWEN/TRUST/ATTORNEYS FOR THEM, ORLANS / HAVE TILL 1 APRIL 2015 TO FILE WITH THE COURTS, THAT THEY
DO NOT EXCEPT THE RESCISSION, AND THIS IS WHY. 20 DAYS IS THE LAW. THE SUPREME COURT JUST SAID IT 3 WEEKS AGO. THAT THE BANKS HAVE TO FILE IF THEY BELEIVE THEY ARE RIGHT, IN THAT THE RESCISSION SHOULDNT NOT BE PERMITTED TO STAND. AND IF THEY DO NOT DO IT IN 20 DAYS. THEY LOSE ALL DEFENSE WHEN A BORROWER GO TO COURT TO HAVE THEM PAY ALL MONEYS THEY GOT FROM THE MORTGAGOR, ALL MONEY BANK MADE ON THEM , PLUS ALL PAYMENTS MADE TO THEM. ALL MUST BE GIVEN BACK TO BORROWER, THATS THE LAW.
Neil,
Can you rescind on a purchase loan on a residential and or investment property? I rescinded back before any foreclosure.
There is a lot of conflicting info…..
Thanks
From the link i posted above it states under:
“These exemptions can create ambiguities. For example, if a borrower offers her current residence as collateral to finance the construction or purchase of another property to be used as a principal residence in the near future, is the loan subject to rescission? The Official Staff Commentary (OSC) to Regulation Z addresses this issue in comment 226.23(a)(1)-4 for closed-end credit and comment 226.15(a)(1)-6 for open-end credit: Transactions such as bridge loans are subject to the right of rescission. The right of rescission also applies when the bridge loan is secured by both the current residence and the new property to be used as a principal residence. The consumer’s current principal dwelling triggers rescission rights in this circumstance because the bridge loan is secured by the current dwelling and is not for the purpose of purchasing that dwelling. But if the consumer’s construction loan for a new principal dwelling is secured only by the new dwelling, the loan would qualify as a residential mortgage transaction that is exempt from rescission.2″
So you see its nit a simple case of ” only applies” to refinances because id say – maybe not that clear cut.
How many people had all the equity stripped out of their former home and ended up pledging all the equity as collateral for the new build to become the primary residence ( and in my case easily afforded with equity in that former home a great credit score and credit reputation and was enjoying my life just fine thank you! Oh they got my savings too on top of all the equity)
Read the link its a good take on tila regz
Good link
https://consumercomplianceoutlook.org/2010/second-quarter/right-of-rescission/
Fact pattern:
1. Rescission letter sent;
2. Assignment to foreclosing entity several months later;
3. Foreclosure lawsuit filed;
4: Federal lawsuit to enforce rescission filed;
5: Federal court opines borrower timely exercised valid right of rescission;
6. Final judgment entered by federal court against originator because of TILA violations (federal court awards costs, actual and statutory damages);
7. 15 months later, trustee gets judgement of foreclosure;
8. Appeal filed (at oral argument, foreclosing entity’s attorney tells appellate panel that no court ruled on the validity of the rescission letter.
9. Borrower amends pending Rule 1.540 motion but foreclosing entity threatens sanctions if motion is not withdrawn
What happens now?
If notice is sent and 20 days pass with no action by the bank, if there is a pending foreclosure action, what course of action should be done in the pending case…OR…separate from the foreclosure action?
Do you send the Rescission to the Original 2005 Pretender lender, who was the original servicer, OPTION ONE MORTGAGE CORPORATION, or the now claiming servicer, OCWEN LOAN SERVICING, LLC, or the Trustee of the Trust trying to foreclose on me, Wells Fargo Bank, N.A., as Trustee, or all THREE? A.H.M.S. Inc. & Homeward Residential in between OOMC & OCWEN. That question really needs answered tonight, Neil!
Thanks, Dan the Man!