About the Rescission Package

Posted on April 14, 2015 by Neil Garfield

The internet store is being re-constructed. So all information must be obtained through our customer service lines — 520-405-1688 or 954-495-9867.

I have extended for a few days, the deadline on the pilot program simply because of the huge volume, which caused us to reduce the price. People who paid the higher price will get an appropriate refund, depending upon the complexity of their case.

If you are calling with a question about rescission or any of our other products and services (1/2 hour consult, one hour consult, DVD sets, workbooks, litigation assistance, title and securitization report, file review and analysis, or expert witness declaration, please fill out the form found at the following url without any obligation on your part — GTC – LivingLies Registration Statement No Obligation

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Virtually all the questions being asked (except by a few lawyers across the country who “get it”) are the wrong questions and seek partial information on a complete problem with a complete solution. We cannot give advice to you or your lawyer unless we have analyzed your loan files and any other public records, including court records.

Most questions basically consist of “Isn’t it t rue that I can’t send a notice of rescission because … [fill in the blank]” or “who should I send the notice to?” This is a recent answer I gave in an email:

FOR GENERAL INFORMATION
This is precisely why we are offering a rescission package and why borrowers need it. Sending the letter of rescission has a huge legal impact — but the banks have plainly indicated their intent to stonewall the rescission. Thus where to send it and when to enforce it, and how to enforce it and what NOT to do, is all part of the package. While legally this is akin to a “magic bullet” as a practical matter, the banks are using a strategy to cause homeowners to make mistakes when they seek to enforce the rescission. Nobody can properly instruct you on the answer to your questions without analyzing your loans and any court papers filed.

As with all legal matters, time might be of the essence. Move quickly. Perhaps schedule a consult with me (either 1/2 hour ($325) or 1 hour ($650). Part of this is as simple as it appears, and part is going to be ground combat.

You might also have other strong positions — which we could find out doing a title and securitization report and analysis. Also there are books I have written — particularly the first workbook written as companion to the full day seminar in California and which qualified for Florida CLE credits for lawyers. DVD sets are available for purchase as well. And there are “package deals” that Geordan can help you to figure out which things you can use. Remember also that there are thousands of free forms, articles, statutes and cases on my blog that are absolutely free — but no substitute for getting advice from legal counsel.

My suggestion: At this point, Get the DVD (1st Seminar from 2008 which is now directly on point again due to decision in US Supreme court case of Jesinowski) and get the rescission package now. Optional: the Workbook from the 2008 seminars and the title and securitization COMBO. NOT OPTIONAL: GET A LAWYER. We can help if he or she uses our litigation support.
Somehow, despite the unanimous and unequivocal decision penned by Justice Scalia for the the US Supreme Court, people are still not getting it. The burden of proving a bad rescission is on the banks and if they don’t do it within 20 days, the questions are over. But lawyers and homeowners refuse to take yes for an answer, even when it comes from a unanimous Supreme Court, the highest court in the land the final word on any subject.

Instead of the Banks bringing the required lawsuit to challenge the rescission within 20 days which in nearly all cases expired long ago, homeowners and lawyers are letting themselves get ensnared with interpretations of TILA that might prevent a homeowner from thinking he or she can send of enforce a notice of rescission that would have been enforced — if they had only asked.

Since 2007 I have repeatedly said in connection with foreclosure defense, don’t accept the burden of proof. Hundreds of judges and thousands of lawyers expressed their contempt for my analysis, which they called wishful thinking. Events have proven me right in every respect.The courts are increasingly finding for the homeowner in foreclosures. AND the rescission remedy is exactly what I said it was — a nuclear bomb in finance that the banks cannot do anything about except try to scare people into not using it.

Don’t over analyze this. Don’t accept the burden of proof. AND in this case — TILA rescission — you have specific authority NOT to accept the burden of proof. Yet lawyers and homeowners are making the mistakes of hundreds of judges before them. They are applying common law rules for rescission to a statutory remedy that is very clearly NOT common law rescission.

These are all self defeating questions, in my opinion. TILA doesn’t stop you from sending a notice of rescission nor does TILA require you to interpret the statute of limitations whether the property is primary residence, whether the loan was a purchase money mortgage etc. It only provides that as far as the actions of the homeowner are concerned, he or she need only send a letter cancelling the loan and that the letter is the same as a court order — by operation of law.

All the legal arguments and questions arising out of who should have been able to send a notice of rescission are questions that the Banks must raise within 20 days of the notice of rescission. If they fail to raise those issues, the issues are waived.

The answer is technically that the act of sending a notice of rescission applies regardless of whether your particular mortgage in fact qualifies for rescission or not. If it does not qualify, the rescission is STILL EFFECTIVE until challenged by the banks within the 20 day window. We have not seen such a challenge ever filed in any court.

Hence the rescission would be upheld under the US Supreme Court decision because it is effective when dropped in the mailbox and consumers of loans are not required to be lawyers or have a lawyer when they want to cancel the loan. If the rescission is improper the creditor has 20 days to make its claim. After that it is waived and the homeowner is entitled to enforce a rescission — even one that MIGHT have been determined ineffective, had it been properly challenged.

It is the technical legal procedure that puts virtually all borrowers in the driver’s seat. You only need any arguable basis for sending the rescission. Being wrong does NOTHING to effectiveness of the rescission unless a judge says so during the 20 window in which the creditor MUST file their challenge. After that it is all about enforcement of a rescission, which, by operation of law, is valid and effective despite any defects the creditor might want to point out to the court.

This is one of many examples of why the rescission package is essential and why the advice from people who know nothing about the law, nothing about the Jesinowski decision and nothing about rescission other than “what hey have heard” is so important. And it is why we have received nearly a thousand inquiries about our program.

If you have a loan, it is subject to rescission.

The other issues you raise are exactly what you address in our analysis and report. We cannot offer you legal advice or opinions other than general information like this letter unless you are a lawyer or have a lawyer who is asking the same questions.

At the very least you should purchase my original workbook from 2008 which contains the same information that Judges and lawyers rejected but which was completely validated by a unanimous US Supreme Court 9-0. The only thing that has changed is that all the lawyers and judges that applied rules for common law rescission were, as I have always said, dead wrong.

Filed under: foreclosure |

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8 Responses

  1. Trespass Unwanted, on April 14, 2015 at 3:27 pm said:

    https://livinglies.wordpress.com/2015/04/13/tila-rescission-three-years-from-when-three-days-from-when/#comment-399764

    Trespass Unwanted, Creator, Corporeal, Life, Free, People, Independent, State, In Jure Proprio, Jure Divino

  2. Shadowcat, on April 14, 2015 at 2:40 pm said:

    Don’t forget to stop by my booth…
    .. I have some irrevocable living mountain oysters to sell you fresh off the hog in the room.

  3. iwantmynpv, on April 14, 2015 at 1:23 pm said:

    Here ye, Here ye…

    For all that come here, please take notice that I have just set up my booth in between the money changer and the guy selling figs and honey, which just happens to be four booths down from the CRDefenders booth.

    I now am not also officially providing a plethora of services for securitization reports, TILA Defects, rescission.

    We also have a special running – if you live in NY – you can receive any of these services at a 10% discount to what the other guys are charging, and my wife and I will work together to wash up to 20 pounds of laundry for an family.

    This way you will all look neat and crisp when the Sheriff is carrying your shit out to the front lawn. If you sign up today – we can also offer significant discounts for storage units…

    We definitely do not understand the lesson..

  4. The A Man, on April 14, 2015 at 12:54 pm said:

    iwantmyMTV. Good job

  5. The A Man, on April 14, 2015 at 12:53 pm said:

    Go get’em Neil. Neil is spot on. I have been a landlord and this is similar to an uncontested eviction here in California.

    If you have a contested eviction, where the tenant contests it in a timely manor you are open to oposition and it is a very lengthy process.

    But if the tenant does not contest it is a relatively short process even under the strict Rent Control Cities.

    NEVER AGAIN

  6. iwantmynpv, on April 14, 2015 at 12:51 pm said:

    @ Sara or Steve. it appears that Living Lies also provides the necessary TILA / Rescission Package. How much do you charge for your help? This is almost like a market place that has formed inside the temple…

    Now i have to visit there page to fully investigate their shpiel.

  7. christine, on April 14, 2015 at 12:20 pm said:

    Nobody needs to waste money on useless crap pro se can’t use for want of an understanding of the legal system. What people need is an attorney who understands the issues and has PROVEN results. The kind of attorney smart enough to not join the Garfield Cult for losers with money to squander.

  8. lauren, on April 14, 2015 at 11:01 am said:

    I SENT RESCISSION WITHIN 3 YR PERIOD LOAN=9-7-07 RESCISSION =7-22-10. BAC RESPONDED 8-27-10 STATING LOAN WAS NOT FOR PRIMARY RESIDENCE. BROTHER WAS PARTNER, AND HE ONLY SIGNED NOTE, BUT I’M ON MORTGAGE AS “BORROWER” AND THE HOME IS MY PRIMARY RESIDENCE…

    THOUGHTS?

    2ND FORECLOSURE:
    WAMU/CHASE – ORIGINAL LOAN 10-29-03-MODIFIED 3-1-07 BECAUSE OF NEGATIVE AMORTIZATION- NOT RECORDED AT COUNTY -RESCISSION SENT 11-20-10 WHEN WE FOUND OUT ABOUT FRAUD- MORE THAN 3 YEARS. CHASE ACKNOWLEDGED RECEIPT OF CORRESPONDENCE 12-1-2010 ON LETTER DATED 3-14-2011 BUT DID NOT ADDRESS RESCISSION.

    NOT WITHIN 3 YRS. SCALIAS DECISION CLEARLY STATES WITHIN 3 YEARS. DO I HAVE A CHANCE?

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