For more information please call 954-495-9867 or 520-405-1688.
This is not a legal opinion on your case. Get a lawyer.
===================================
It is no surprise that Judges are STILL trying to take the teeth out of TILA rescission. In one case in bankruptcy, the judge twists the court into knots avoiding the obvious —- the debtor was right and the bank blew its opportunity to either comply with the duties under TILA rescission or file suit to vacate the rescission, which is effective by operation of law.
In this case the Court ignored those duties despite the unanimous Supreme Court decision stating that the statute is clear on its face, no interpretation is allowed or required, and the parties are bound by the procedures set forth in the statute. Judges don’t like TILA rescission and they don’t like the Jesinoski v Countrywide decision. They also don’t like minimum mandatory sentencing for criminal defendants. But in both rescission and sentencing they MUST follow the law.
And the law says that first the homeowner sends the rescission, second the rescission is effective upon mailing, third, that makes the note and mortgage void, fourth, the creditor or lender must comply with three duties BEFORE the demand for payment. The statute says that the creditor may not demand payment until after it has fully complied with the three duties (return canceled note, release encumbrance of record, and pay money TO the “borrower.”)
The Judge in this case obviously thinks that leads to an absurd result. Even if one were to agree philosophically with the Judge’s opinion of the statute, the rescission is still effective, was effective and will now always be effective. Case over. Upon appeal to either the Federal District Court Judge or the Circuit Court of Appeals, the Judge will be overturned — or else the thousands of courts who got it wrong on the first go around will get yet another tongue lashing from the U.S. Supreme Court. If they don’t like the statute, then they should be trying to Change the statute, not ignore it.
I have been advising my clients to record the rescission in the County records where deeds and mortgages are recorded. They can then assert that not only has the mortgage been rendered void by operation of law, but it also has been recorded giving notice to the world that the mortgage encumbrance has been rescinded and is void. In Florida we do that using a Notice of Interest in Real Property under F.S. 712.05 with exhibit “A” (The legal description and street address) and “B”(the notice of rescission).
This Judge gets that wrong. The Bankruptcy Judge is still reading into the statute that tender of money or property is required in order to have an effective rescission, which is opposite of what is stated in the statute, and opposite to the unanimous Supreme Court decision. In fact, if the lender/creditor fails to act for more than one year after receiving the rescission they lose the right to collect on the debt completely.
Note that in this case the rescission was apparently sent within the time limit allowed by the statute and the Judge still chose to ignore it. The Courts don’t have the right or power to ignore a TILA rescission, since it is effective by operation of law. If an adversary had been filed, the creditor would lose for lack of standing, lack of compliance and the statute of limitations in the TILA rescission provisions 15 U.S.C. §1635 et seq.—- but the point here is that a legal action must be brought by a party who can assert standing (without the void note and the void mortgage) to vacate the rescission. Without that the rescission stands.
So the Judges who are trying to angle away from the effective rescission and thus ruling on motions are entering orders that are void, in my opinion, because they rest on the premise that the rescission was not effective by operation of law. In effect they are over-ruling the U.S. Supreme Court and changing the wording of the statute. There is no jurisdiction to do anything other than to treat the mortgage and note as void. AND in this case the self-proclaimed creditor apparently did what all the banks and servicers did — NOTHING. The statute says if they continue to stonewall the rescission for more than one year, they lose the right to make demand for ANY payment FROM the “Borrower.”
The issue of what that does to the bankruptcy action is a separate issue. Obviously it changes the amount of liabilities and the the assets of the debtor and probably would lead to a dismissal of the bankruptcy petition unless there are other debts and assets that are still subject to being processed through the bankruptcy action.
Here is the quote from the Court, which is most likely going to be appealed laterally to the District Court Judge, who has superior jurisdiction to the Bankruptcy Judge.
Debtor’s counsel argues that the debtor and her husband rescinded the loan in March 2010. It is not entirely clear what counsel was arguing. If she was arguing that rescission ipso facto changed the secured loan to an unsecured loan, the debtor is significantly over the unsecured limit. If her argument is that rescission eliminates that loan, she overlooks the debtor’s rescission obligation to put the lender in the same position, less certain fees and costs, as the lender was in before the transaction. It appears that debtor’s counsel relies on Jesinoski v. Countrywide Home Loans, Inc., 574 U.S. ___, 135 S.Ct. 790 (2015). She appears to focus on that portion of the opinion discussing the elements of the common law right of rescission. Reliance is misplaced. The sole issue in that case was whether the borrowers timely rescinded the loan, not the effect of the rescission notice on the borrowers’ obligations when they rescinded the transaction. They gave their rescission notice within the three-year period but did not file suit until after the three-year period. The lender argued that they were time-barred and that the transaction was, therefore, not rescinded. The lender argued that the common law doctrine of rescission applied and required that the borrower tender the loan amount at the time of rescission for there to be a valid rescission. The borrowers gave notice of the rescission but did not tender the rescission payment. The Supreme Court acknowledged the elements of the common law rescission but held that Congress created a new right of rescission that superceded common law rescission and that notice of the rescission was all that the statute required. Debtor’s counsel appears to be arguing that because the common law element of rescission — making a tender of the rescission amount — is not required, the loan is rescinded on notice and the debtor has no further obligation. In fact, the debtor has a further obligation upon giving notice of rescission and that is to make the appropriate rescission payment. This obligation is a claim in bankruptcy. 11 U.S.C. §101(5). Nor does it matter in this case whether the claim is a secured claim or an unsecured claim. Either way, the amount of the claim exceeds the applicable limit.
Filed under: foreclosure |
Here’s one for Lvent except not Obama
http://www.bloomberg.com/news/articles/2015-10-12/he-s-a-banker-crocodile-farmer-and-wanted-in-the-united-states
more fun stuff
http://www.nolo.com/legal-encyclopedia/free-books/foreclosure-book/chapter7-3.html
Here is a link to a Powerpoint presentation saved as a PDF – produced by lawyers who represent lenders and banks – giving them advice on how to prepare for the “new world” post Jesinoski…
http://files.dorsey.com/files/upload/tila-right-of-recission-041415.pdf
of significant note is that they provide some hard-core Q&A which directly address the questions and arguments that non-lawyer bloggers over here on living-lies are constantly bickering over…
they do not tell their clients they have any right to ignore notices – even if they think they are unjustified… Rather, to the contrary…
they are telling their clients that they damn-well better not ignore notices – even if thought to be frivolous – and comply immediately with the code, including commencing either a court action to deny or to commence with the unwinding within 20 days – or lose everything…
it will not make those who criticize the efficacy and absolute power of TILA & Reg Z very happy…
greg
https://m.facebook.com/OccupyDemocrats/photos/a.347907068635687.81180.346937065399354/910004455759276/?type=3&source=48
I blame “average” Americans that let Wall St and Washington use racism to divide and conquer us to commit the greatest theft in human history. It started with sub prime and as if in massive denial it’s morphed into fear the black man and anyone else end of the world obsessions.
I blame the EL RUKIN MEDELLIN DRUG CARTEL & their BLACK MASONIC MUSLIM BROTHERHOOD gang of irreligious STREET THUGS in the WHITE HOUSE.
It’s been 7 years of rob, rape & pilage by the AIG SPY RING who think OBAMAS God & he can ignore our LEGAL RIGHTS like some self proclaimed dictator from hell.
reminding everyone that in America – they have this thing that the majority makes the rules…
at last count We the People are the majority… LET’S RULE!
thanks to all who know they are in abundance and not in lack…
your voices expressed here in small meaningful phrases are much more powerful than those who would use meaningless overwhelming argument to confuse and harm you…
love and prosper…
(and stand your ground on the land our families died for – at all costs)
greg
greg, on October 8, 2015 at 7:58 pm said:
FOR G0D’S SAKE –
THIS IS PROOF THAT EDUCATED PEOPLE ARE IDIOTS OR JUST SO ENTRENCHED IN THEIR BELIEFS THEY WOULD RATHER DIE FOR NEWTON THAN LEARN QUANTUM THEORY
SCOTUS DETERMINED THAT THE PEOPLE – THROUGH CONGRESS ASSEMBLED – DETERMINED, FOR THEMSELVES; THE INTENT AND OUTCOME OF TILA MATTER AND MADE IT PLAIN ON ITS FACE FOR THE WORLD TO SEE
SCOTUS NAILED DOWN THE FACT THAT ALL LOWER COURTS ARE FORECLOSED TO SPEAK OR RULE AGAINST IT ANYMORE
SCOTUS TELLS ALL LOWER COURTS THAT THEY BETTER NOT WAR WITH CONGRESS AND BETTER CORRECT ALL PAST MISTAKES INCONSISTENT WITH THE PEOPLE’S PLAIN MEANING
SCOTUS TELLS ALL LOWER COURTS TO USE TILA TO ACT IN DEFENSE OF THE PEOPLE’S VOICE AND NEEDS – NOT THE BANKS OR CORPORATIONS
P E R I O D ! ! !
P E R I O D ! ! !
P E R I O D ! ! !
ANYTHING ELSE IS A COUP DE TAT ! ! !
ANYTHING ELSE IS TREASON ! ! !
greg
greg, on October 8, 2015 at 7:41 pm said:
one can create legal proof, duties, obligations and judgments without (outside of) any court!!!
– it is this ongoing craziness that every damn thing must go before “black-robed daddy” to settle claims that is destroying America…
– that guy on the bench is NOT my daddy…
– things can still be legally settled with teeth between parties without an arbitrator or administrator or court…
– and if you bind them to a counter offer version of a contract after they make an initial offer, and tell them in writing to answer or counter, else accept – you can get them to the SAME enforceable place that credit card companies get you when you don’s send back a cut-up credit card after they send you notice of change of terms…
– if you get them into a legal agreement separately that stipulates that all issues are final and settled, they are foreclosed to bring it before a judge without violating the contract – and if you were sharp enough to add stipulations for recourse upon such breach of contract, you can collect or lien them up to their eyebrows… and a judge (if they do sue) should rule in your favor)
– everyone forgot that THEY (The People) ARE the U.S., and the corporations we ALLOW to exist are there to serve US and the U.S.!
– we can also create adhesion contracts that bind them to a post to the same degree that they create adhesion contracts which bind us to a post…
– think of it as “What’s good for the Goose is good for the Gander Law”
everyone is drunk on litigation!
greg
Then again Lvent says alot more truth and doesn’t blame homeowners like Bob does. Maybe you should read btw the lines SC.
DavidB good example pre bankster script, tender excuse. Also pre corporations are people and can do what they want.
And before you start in on me again Linda…I will say this.
I am no psychologist , but I am someone who understands bad things happen to good people. Those people tend to build a brick wall around themselves. They trust no one…they push those who love them away and they slowly die inside. Do not be a victim…take your life back.
Do Not Let them Win!
Bob… Let her be. She has suffered some very traumatic events including being held against her will. I had hoped her recovery was further along than this. She is in information overload and can not seem to pull the material facts from the information and leave the other garbage behind. Just keep scrolling and do not engage with her… she trusts none and blames all. She has to fight this demon on her own.
Solis v. Fidelity Consumer Discount Co., 58 B.R. 983 (Pa. 1986). Any misgivings creditors may have about the
technical nature of the requirements should be addressed to Congress or the Federal Reserve Board, not the
courts. Disclosure requirements for credit sales are governed by 15 U.S.C.S. § 1638 12 CFR § 226.8(b), (c).
Disclosure requirements for consumer loans are governed by 15 U.S.C.S. § 1639 12 CFR § 226.8(b), (d). A
violator of the disclosure requirements is held to a standard of strict liability. Therefore, a plaintiff need not
show that the creditor in fact deceived him by making substandard disclosures. Since Transworld Systems Inc.
have not cancelled the security interest and return all monies paid by Ms. Sherrie I. LaForce within the 20 days
of receipt of the letter of rescission of October 7, 2009, the lenders named above are responsible for actual and
statutory damages pursuant to 15 U.S.C. 1640(a).
“SECRET POWER OF LAWLESSNESS” AKA “ALL CAPS FRAUD” –
http://www.overlordsofchaos.com/html/secret_societies_ancient_luci1.html
The OBAMA HEALTHCARE SCOFFLAW is SATANIC RITUAL ABUSE by the DRUG CARTELS. Their LAWYERS base everything they write in PAGAN RITUAL PRACTICES of the OCCULT & that includes their FRAUDCLOSURE COMPLAINTS & other FRAUDULENT COMPLAINTS.
The reason being is their main objective is murder by their own LAWLESSNESS & their modus operandi is DESTRUCTION OF EVIDENCE to FRAUDULENTLY CONCEAL they’re THE DEATH CULT called “THE BROTHERHOOD OF SATAN.”
The NAZI MEDICAL ESTABLISHMENT & their DRUG CARTEL creates the criminals like BOB HURT with their evil drugs by intentionally misdiagnosing people they don’t like. They intend to destroy the MORAL FABRIC of society.
Morever, they create more DEBT FRAUD then their BANKSTER MINIONS.
The only lunacy here BOB HURT is the PILL PUSHERS & POPPERS like you who can’t stop smoming OBAMAS FASCIST CRACK PIPE.
Everyone should get off the OBAMA DEATH TRAIN of DRUGS both LEGAL & OTHERWISE & BOOZE & BOYCOTT the ENTIRE DRUG CARTEL & their NAXI MEDICAL ESTABLISHMENT who make everyone sick.
Furthermore, DRUGS, both legal & otherwuse & BOOZE is why this country has become completely immoral in every way
That’s proven by the fact none of these BANKSTER CROOKS like CHASE EXECS have gone to MILITARY PRISON for WAR CRIMES.
They got BAILED OUT but their LAWYERS don’t have to PROVE LEGAL STANDING in U.S. COURTS, meaning where OUR MONEY was deposited & where that money went & how it was dispersed.
It’s demonic they can GANG STALK U.S. CITIZENS in FRAUDCLOSURE without divulging how they USED US. They’re doing that with no reliance upon CAPITAL SPREAD SHEETS that would determine how or money was profit shared out by their evil cult followers.
You can try to discredit me BOB HURT but you can’t . The reason being GEORGE H W BUSH said the words NEW WORLD ORDER in one of his speeches. Some people do know that FRAUDCLOSURE is based upon one vast conspiracy AKA THE NEW WORLD ORDER that is SATANIC BASED & OCCULT in origin & is so evil most people try to ignore it.
However, in todays world of internet information, you liars can’t discredit no one for speaking the truth.
BOB HURT is obviously one of PRINCE HALL FREEMASON OBAMA’s DRUG PUSHERS who think they can FORCED DRUG & MURDER their perceived CATHOLIC enemies to hide they’re the BROTHERHOOD OF DEATH CULT of MUSLIM EXTREMIST CATHOLIC PERSECUTORS.
However they’re their own worst enemies who deserve to go to the guillotine for WAR CRIMES that include FORCED COERCION by FALSE REPRESENTATION because they’re not the U.S. GOVERNMENT.
FREEMASONRY & THE RAELIANS:
http://itssinstupid.tripod.com/RAELMASN.HTM
You’re quite the DEMON BOB HURT.
One of thw devils minions i’m sure.
I don’t believe in DRUGS OR BOOZE but FORCED DRUGGING MURDERERS OF CATHOLICS like you RAELIANS do.
I don’t cooperate wirh MEDEIVAL BARBARIC DEATH CULTS like you.
Your day will come when their HOSPICE TURDS come for you & I wont have no pity for you because you believed the devils lies.
FREEMSONRY & THE RAELIAJS;
itssinstupid.tripod.com/RAELMASN.HTM
bobhurt, on October 7, 2015 at 7:01 pm said:
“I keep suggesting that people on this thread with complaints against their lender need to get a competent professional to examine their loan related docs to find every cause of action. But NOBODY seems serious enough about their case to do it.”
Bob, IMO, if you’re alluding to your own capabilities, you haven’t demonstrated an understanding of the Supreme Court’s findings in the Jesinoski opinion that would deem you worthy of delivering such an examination.
However, I’m sure we can find something you can examine…my basement waste lines could probably use a purging…..
The serious ones get their loans voided DON’T acknowledge the fake loan and pretender lender.
If the link i posted below isn’t working, you can google it.
Here is some of their evil plot for what they call “intergalactic world domination” …like they said in that one HUD COMMERCIAL: http://www.jaws4rael.org/
OH BOB, I HAVE SPENT SO FAR IN LEGAL COST OF OVER 30 THOUSAND DOLLARS, SO AM NOT AFRAID TO SPEND THERE MONEY. SO EVEN THOUGH PAYMENTS ARE NOT BEING MADE BY ME, PAYMENTS ARE BEING MADE ON MY BEHALF BY TRUSTEE/SERVICER, BECAUSE AM NOT PARTY TO PSA THAT STATES THE SERVICER AND TRUSTEE MUST PAY EITHER WAY,
SO WHEN ASK THE QUESTION, HAS THE INVESTORS LOST ANY MONEY, IN THIS SO CALL DEFAULT THEY SAY HAPPEN. THE INVESTOR CAN SAY ONLY ONE THING. NO AM BEING PAID. HAVEN’T MIST A PAYMENT. SO IF INVESTORS ARE STILL BEING PAYED. HOW IS THE TRUST HARM IN ANY WAY BY THE HOMEOWNER NOT PAYING HIS MORTGAGE. THEY ARE. NOT HARM BY THE HOMEOWNER.
SIMPLE IS SIMPLE.
Moreover BOB HURT, your RAELIAN BAT CAVE is full of COUNTERFEITS & you think your innocent victims should be RELIGIOUS PERSECUTED, lose everything & diehorrible deaths for it.
Shove your EVIL DEPARAVITY NAZI BS because you have no respect for God, the cross or the Catholic Church..
Furthermore, without them , you would be broke, homeless & starving in the street with your evil COMRADES where you belong.
You’re the only slitherer here who hides in caves , dark subway stations & your own SACRILEGOUS seedy dives BOB HURT.
You’re clearly imbedded with team NAZI SPY.
I for one, have had it with you’re sneaky NAZI DEATH CULT & I’m not going to be no ones sacrifice for their SERIAL CRIMES so go try to be DEMOSTRATIVE with someone else because your not fooling me.
BOB JUST SENT YOU SOMETHING IN EMAIL. LOOK AT IT
Lol who woulda thunk it!
Don’t get me wrong Hammertime, I love the holidays & I’m not going to let them ruin those for me.
I’m handing out candy to strangers Hammertime LOL.
OBAMA & his FREEMASON DEMON WORSHIPPER CONRADED want this country to be one open SODOM & GOMORAH to entertain himself & his LUCIFERIAN comrades UP ON WALL STREET.
Know them by the way the jerks behave like we’re the criminals & this is one vast modern day BLOOD ON THE DOORPOST ROMAN INQUISITION to cover up for the crimes of the DRUG CARTELS they work for.
NEWS FLASH: I don’t & I never did I never ever would.
Lvent what are u doing for Halloween? Lol
Bob what’s a mortgage backed security?
Correct typo: I meant SECURITY GUARDS.
Theres plently of SECURITY GUARD women who you can see dabble in the OCCULT & there’s plenty of DRUID WITCHES in both genders.
Moreov, r when OBAMA said THIS WAR ON WOMEN when he was DRUG PUSHING his SIGNATURE PIECE OF LEGISLATION criminal piece of FSB DRUG CARTEL crap, the PRINCE HALL FREEMADON conveniently left out the word PSYCHE. Because first & foremost, this WAR ON WOMEN IS one vast FREEMASON _PSYCHE_WAR ON WOMEN to try & MIND CONTROL women they deem too goody goody & too religious.
That’s why I don’t pray for the sins of others because that’s SACRILEGEOUS MARTYRDOM. I’m no ones RELIGIOUS MARTYR for their own IRRELIGIOUS crimes caused by their own SATANIC INDIGNATION in regards to CATHOLICS.
Yes, some of the secret info is located in the bankruptcy documents of these entities. Get the bankruptcy docs and take a careful look through them. Many of them give it away because most of the assets were gone through the bankruptcy.
That’s why everyone was not given loan mods was we were intentionally placed in harms way by CORPORATE DRUG CARTELS who were daring us to test them & see what we’re made of.
That’s the problem when SECRET SOCIETIES become one vast TOO BIG TO FAIL DRUG CARTEL whose main objective is murder of people they deem too goody goody or too religious like CATHOLICS.
Then they go & test their own ilk & they’re never good enough.
Ex FED banker CHRIS WHALEN said on BLOOMBERG NEWS FRAUDCLOSUREGATE IS ANOTHER HITLER PLAN & why would he lie?
He said it’s MISRAHA well in other words it’s one vast murder plot by the SPY AGENCIES for the BANKSTER CLIENTELLE who could be, you name it – JUDGES – ATTORNEYS – BAILIFFS – COPS – SECURITY GUYS – TOURISTS – STREET VENDORS – PUBLIC SERVICE EMPLOYEES – WEST END TRUST – BAYVIEW LOAN SERVICING – PHH MORTGAGE – STAR LLC. The list of possibilities is endless because the U.S. SUPREME COURT is TITLE SWAPPING OUR TITLES with our enemies.
The problem with TILA is the RPII is being hidden because they don’t have the NOTES. So they can’t have HOLDINGS CERTIFICATES or ever have had INVESTMENT ACCOUNTS they drew from because that’s SECURITIES FRAUD.
Therefore they’re being told by OPERATION OF LAW they’re COUNTERFEITERS.
If they rescind those they’re incriminalting themselves.
The problem for them is LACK OF LEGAL DOCUMENTATION. They get off from criminal culpabiliy because if you request the LEGAL DOCS they try to kill you.
STATUTORY LAWS dishonor our LEGAL RIGHTS IMHO. So do CIVIL ones because the U.S. CONSTITUTION doesn’t mention race or gender specifically though did only let men vote which is specious. Thought women got that right we never demanded our own laws were written to give us that right.
To those who say certain ones were being wrongfully treated, the CIVIL RIGHTS movement empowered DRUG CARTELS to recruit GANG BANGERS to oppress everyone else. By GANG BANGERS I don’t necessarily mean the STREET HOODS. There’s plenty of POLITICIANS, LAWYERS, ATTORNEYS, JUDGES & other CORPORATE DRUG PUSHERS dressed in sheeps clothing who make STREET CRIME easy for the STREET GANGS to engage in.
CORPORATISM is NAZISM & the entire CORPORATE STRUCTURE was designed by the CORPORATISTS to steal & is one vast destroyer of lives because its one giant MONOPOLY of DRUG PUSHERS.
Moreover, LLC’S should be stopped because they’re used for nefarious purposes by our enemies to try & undermine our free will.
Brings me to point out that strategy will evolve and be particular to each case theres no winning strategy imho, i share to get brainstormin and researching accordingly.
Not to confuse, the right to possession is under another courts jurisdiction and a separate suit – i have 2 suits.
But they didnt bob- do their part, i sued and they took the home and sold it and the means an methods under that make them liable and not to mention the sucker living in my prior home who never had legal right to possession thats a lot of harm because they did not want anything other than to take my home regardless of whether they had a right under the law and are cuplable because they were noticed over and over and it was in my lis pendens in an effort to protect title, their plan was by design – the rescission was not factored in and that is why it has big teeth at this point in my case. By the grace of god the time that jesinoski came out was good for me. its amo bob and i did it right, i exercised my right – clearly i was never after that free house because i dont want a free house i want justice. aNything that helps shoot them down in court must be used and like i said allowed to evolve under law.
sorry bob meant , BELOW
David Belanger:
Your hypothetical question doesn’t warrant an answer, so I won’t bother.
Let’s talk about what one can prove.
I can prove, what I said above.
and to you bob,
as I stated many times, am holding many copys of the note they say they have, some with endorsements in blank, some with no endorsements.
so tell me, this at time of closing, the closing instruction states that they make 3 certified copys of my note, plus original , and send it right away overnight.
so how could anyone say, there can be only one note, at time of closing there are 4 notes. how many more notes are out there how many times did they sell your loan using just copys of the note. many many many times.
but I got the one true copy of the note sign , dated, and wet. as of 8 nov 2005, sign over to non party to contract. signed without recourse to the non party to contract, as off the closing date. 8 nov 2005. so tell me this.
witch one will the court use. mine that is sign dated, and wet, or there copy not sign and dated.
usedkarguy, on October 6, 2015 at 9:27 pm said:
davidbelanger, you’re confused. the homeowner is NOT a party to the PSA. When the bank injects the PSA into the foreclosure, you go get the mortgage loan schedule. all this shit on SECINFO.com. when they show up with the unendorsed note they have no standing. they go make another copy.
Trusts do not have to be MERS members. A lot of secondary securitizations did not rely on MERS at all.
Many are indeed confused in thinking that the judges have to follow the law. they legislate from the bench all the time. here they are exercising their own brand of legislating. AGAINST YOU.
We’re doooooooomed.
so I ask you this, does the pas contract , you say am not part of , alsom begins the trust???
if you say yes, then am not part of any trust or psa. if am not a party to the pas contact. simple.
so any trust stating that my mortgage is in it, cant be because am not part of the psa that started the trust. ok simple.
I do say your wrong though, as the feds/treas/ and all securitized mortgage trustee say the homeowners mortgage is the glue to the pas trusts, without them in the pas and trust , there would not be any pas/trust. would there. without the homeowners mortgage making payments, to support the pas and trust. also the occ has stated the same. without the homeowners mortgage there would not be a psa or trust.
but as I do know because I belong to wells Fargo trust servicers, and have emails from them stating that ,the trust am asking for does not exisit anymore, after the bk of rescap/gmac. and all collateral was paid off as of 2012, so I do know all that is needed. and once they want to play ball in court. I will have fun.
So when ERIC HOLDER was the U.S. AG & said race was the issue in this country he was baiting & switching the real issue which is OCCULT PRACTICES..
Too many people worship evil & use SATANIC RITUAL ABUSE (SRA) tactics to try & force tyranny by oppression.
There’s lots of strong opinions regarding what is the root cause of the turmoil in this country. I could say the entire world is in turmoil but that’s beside the point because they want to cause WW III.
I think it’s demonic & that’s the root cause but, where that originates from is not so easy to determine.
I think it’s the SECRET SOCIETIES AKA THE SPY AGENCIES who conjure up the demonic in many ways.
Who the SPY AGENCIES purport themselves to be is not their real identity. Covert meetings & FOREIGN ESPIONAGE isn’t supposed to be noticed. Therefore, the neighbors could be RAELIAN SPY AGENTS & so could your own family, friends & co-workers or even your spouse
& entire county & surrounding counties & you wouldn’t know it until they ganged up on you out of nowhere.
What triggers GANG STALKING is in their venacular which cannot easily be deciphered.
I think they’re demon possessed because of how OBAMA that time rolled his eyes into the back of his head.
It’s voodoo culture & it’s ALIEN to outsiders.
I think FREEMASONRY is the summation of every type of evil & STREET GANGS THUGS run their black ops for them.
The reason for STATUTORY LAWS is to FRAUDULENTLY CONCEAL the crimes of the DRUG CARTELS & their AGENTS & AGENCIES who rob, rape & pillage whatever they can. That’s why there’s FRAUDCLOSURES, even though they received $60+ TRILLION U.S. TAXPAYER DOLLARS since 2008 reported CNBC.
Who pays for their vast cover up? WE THE PEOPLE do & then they still want more.
J.F.K. said you can never give the russians enough, so, there is the reason why you don’t give the posers nothing, because they never stop trying to EXTORT people either way.
There’s many types of law that would come into play in FRAUDCLOSURE if the SPY AGENCIES had LEGAL JURISDICTION but they don’t because we nsver signed contracts with DRUG DEALERS who worship the DRUG PUSHER DEVIL in the WHITE HOUSE.
STATUTORY LAW does not govern U.S. COURTROOMS, THE U.S. CONSTITUTION does, which is FIRST & FOREMOST THE U.S. BILL OF RIGHTS. WE THE PEOPLE invoking our NATURAL BORN LEGAL RIGHTS is what gives us legal standing & that’s AXIOMATIC.
STATUTORY LAWS don’t meet the basic legal criterion to have legal standing on U.S. SOIL because they’re EX POST FACTO DECREES that DESTROY EVIDENCE.
The problem in every case is what is procured is not GENUINE & AUTHENTIC which means what is procured is FRAUDULENCE.
That’s why the criminal lawyers pass lies not laws to hide PABLO ESCOBAR is sitting in the WHITE HOUSE.
OBAMA, FREEMASONRY & THE ANTICHRIST:
http://vnnforum.com/showthread.php?t=66783
Sounds like uour scare tactics on rescission are done Bob.
FREEMASON SIGNS –
http://www.whale.to/b/12_masonic_signs.html
“The question presented is whether a borrower exercises this right by providing written notice to his lender, or whether he must also file a lawsuit before the 3-year period elapses.”
The court answered that question thusly:
“The clear import of § 1635(a) is that a borrower need only provide written notice to a lender in order to exercise his right to rescind. To the extent § 1635(b) alters the traditional process for unwinding such a unilaterally rescinded transaction, this is simply a case in which statutory law modifies common-law practice.”
Take note that the last sentence of the opinion refers to the transaction as a UNILATERALLY rescinded transaction (past tense) of which § 1635(b) may alter the subsequent unwinding process for.
It does not refer to it as a future BILATERALLY rescinded transaction.
THE MASONS CREED IS “ORDER OUT OF CHAOS,” THEIR AGE-OLD OCCULT GOAL IS TO DISRUPT-OVERTHROW NORMAL CATHOLIC ORDERED SOCIETY & REPLACE IT WITH THEIR LICENTIOUS, MATERIALISTIC & GODLESS NEW WORLD ORDER.
PULLED – http://todayscatholicworld.com/who-pulled-911.htm
The POPE isn’t the one wearing the TURBAN, speaking ARABIC & hanging out with terrorist groups the likes of THE MUSLIM BROTHERHOOD.
If the VATICAN were behind this, everyone would have been killed on 9/11 MS DELEGATE FROM THE FASCIST STATE OF ILLINOIS.
The VATICAN protects our interests & they don’t rob no one because they don’t need to.
The RUSSIAN MOB charged off their fraud on the VATICAN BANK on 9/11.
It’s the RUSSIAN RED MAFIYA we have to beware of. They’re the biggest DRUG CARTEL SPY RING of ROBBERBARONS on the planet because they INVEST IN THEIR OWN COUNTERFEITS & OVERISSUE FRAUDULENT INVESTMENTS in those COUNTERFEITS.
No Thank You Bob. I have had representation from the day they took refusing to fix their error to a whole new level.
Do you find it odd they bill my husband for the taxes and insurance bills that come in my name and I pay?
…Nearly
Ask yourselves why the jesinoski case was heard –
It was of National significance that a borrowers right to rescind under the act be clarified and it was decided unanimously and the judges knew exactly why it had to be,
Event you need only look as far as the Vatican to find out who is robbing us. The Rothchilds = Vatican.
Once you are awake … You will leave religion out of it.
The World Bank & IMF are arms of the Vatican.
Nite
Bob
” because that is ALL a BORROwer must do”
Correct typo: The devils running _loose_ in the WHITE HOUSE.
It probably has been since NOVEMBER of 1963 when TROTSKY moved in.
However, now they conjured up every demon imaginable. They’ve got BRZEZINSKY playing DR JOSEPH MENGELE & SOROS is ADOLPH EICHMAN so BUYER BEWARE.
The VATICAN said when the financial crisis began they were going to need to hire lots of exorcists.
Clearly by the evil that’s going on & it’s getting worse, they were right.
The more they can’t convince us of their lies, the more brutal dictators they become.
That’s obvious by the way OBAMA now seems to be scolding us like we’re children of his NANNY STATE over our BILL OF RIGHTS because the devils running lose in the WHITE HOUSE.
Last I checked the VEDIC SANSKRIT is not the U.S. CONSTITUTION.
Therefore, they’re not legislating, they’re DICTATING.
The DRUG CARTEL LAWYERS who work for the russian mob doomed themselves, by COUNTERFEITINH U.S. BANK NOTES like this country is their own personal GYPSY SLAUGHTER HOUSE.
History has proven LOSERS NEVER WIN & BANKSTER LAWYERS cheat to TAX EVADE for themselves & their CRIMINAL FRIENDS ON WALL STREET to DESTROY EVIDENCE they’re not human.
If the link below is blocked it’s posted on the UCC blog & it was working.
Their problem is PREDICTIVE PROGRAMMING isn’t fool proof like they thought.
The CORPORATE DRUG CARTEL thinks when you don’t know the truth, you will believe their lies by FORCED COERCION.
They’re criminal pigs who want to slow roast CATHOLICS in their stockpile of MERILL LYNCH BULL into being drugged to death to cover up they’re NAZIS.
Too bad for OBAMA, WE THE PEOPLE can’t be told we’re blind when we’re not.
davidbelanger, you’re confused. the homeowner is NOT a party to the PSA. When the bank injects the PSA into the foreclosure, you go get the mortgage loan schedule. all this shit on SECINFO.com. when they show up with the unendorsed note they have no standing. they go make another copy.
Trusts do not have to be MERS members. A lot of secondary securitizations did not rely on MERS at all.
Many are indeed confused in thinking that the judges have to follow the law. they legislate from the bench all the time. here they are exercising their own brand of legislating. AGAINST YOU.
We’re doooooooomed.
They can’t rescind some of their COUNTERFEITS & not every COUNTERFEIT & here’s why:
IF YOU’RE STILL SELLING DRUGS – YOU’RE STUPID – MORTGAGE FRAUD
http://tippingpictures.com/showthread.php?t=35380
And they keep telling us to go down the same track before they clear the wreckage!
It’s broke time to make an omelette
Hammertime that’s what happens when they load the box cars in the wrong order and then drive in reverse back to the station.
Like watching a train wreck! Lol
But Bob… I offered full tender via a payoff not recession of the note.
As a non borrower…I do not believe I have the authority to rescind the note….only the mortgage.
The thing that caught my attention long ago was they tried to sue me to and get a deficiency judgment. They kept claiming I was a mortgagor and that made me a borrower. Ok..lets say that was true for a minute..but its not true. As a borrower would I not be entitled to the payoff figures of my loan?
You sue KC..But you don’t know or won’t tell her how much she owes?
Perhaps its more profitable to fc an estate than a house?
Sure it is … Its never been about the house..
So Bob what’s wrong w all who can exercising their TILA rights Will the stampede shock u back to reality?
Darryl looks like you actually read the code! Now if we can get judges and those taking up screen space to do so..
My opinion is that the unilateral and timely rescission of a covered transaction is effective by operation of law.
Justice Scalia for a unanimous Supreme Court opined in part that:
Rescission traditionally required either that the rescinding party return what he received before a rescission could be effected (rescission at law), or else that a court affirmatively decree rescission (rescission in equity). 2 D. Dobbs, Law of Remedies §9.3(3), pp. 585–586 (2d ed. 1993).
The Act disclaims the common law condition precedent to rescission at law that the borrower tender the proceeds received under the transaction. 15 U. S. C. §1635(b).
A borrower exercising his right to rescind under the Act need only provide written notice to his lender within the 3-year period, not file suit within that period.
To the extent §1635(b) alters the traditional process for unwinding such a unilaterally rescinded transaction, this is simply a case in which statutory law modifies common-law practice.
That was classic Bob I was thinking the exact same thing about u on ur back and forth. You want us to look at these naked emperors gluttony and decadent carcasses and keep trying on their delusions after 10 years of fraud, theft and destruction. Were on to u and others pushing their greed.
And … Its bloody working for me
Sorry for butting in there
Its valid bob – until they prove otherwise , and they are held to the strict proof THEY are who they say they are
again you can not look at this rescission in isolation of the WHOLE case,( unless that is your case – rescission – but not many will be because originally i suspect was rescission was sent under the frustration of the RPII was not at all clear with 3td party strangers entering and recordings being done retroactively and counterfeit assignments and so on, and so on… And so on ) each is unique in the procedural path and where claims were added or subtracted) Bobs example may not hit the spot but worth a read ofcourse
And thats what erks me on here everyone wants to be right of course but it is narcissistic to disregard other contributions because we might not be 100 % right, ( so shut up Christine because we are so not hopeless – that is your mis- belief and you can shove it though i respect your right to that opinion lol) we are trying and THats what matters, KUDOS all.
The lawyers for the lender/whoever will create any and that is ANY DOCUMENT NEEDED, to win.They will be notarized if needed,recorded if needed and that you can count on so anything shy of a threat of mass violence isnt going to cut it.
The CFPB is not concerned,the OCC,FDIC,maybe the NAACP might care but unlikely.
Im down with OPP,but you tell me sounds like how the Mafia came to be?Why?How did they bring crooked politicians and bankers in line?
Yes it is Deb!! Yes it is!!!
LOL! Bob Hurt!
What else can I say … Its what’s in writing and on record
You never did answer my questions.
That’s why I asked my attorney a long time ago.
As for the rest … Don’t confuse Bob Hurt with Bob G.
Because Bob G has it right and Bob Hurt is still hurting from all the negative publicity for only being half right.
hello its about flushing them out
bob bob
The tender is to the one that can be tendered TO
And thats not the servicer, you send the rescisdion TO The SERVICER to send TO the Creditor the TRUE CREDITOR
It opens the gate TO the true creditor and the ensuing ARGUMENT
Ill take that i will for sure
RE: If the borrower does not tender the creditor suffers no injures.
So are you saying that if a borrower does tender .the creditor will suffer injuries?
Do you think asking for the title back back to my estate is to much?
Because they can’t have it both ways.
Bob..I have a question for you. Ok..a few questions.
For those who have legitimatly rescinded ….,and has tender..but
What happens when the counter party can not tender?
By refusing a payoff…is that not a clue?
So lets say the borrower arrives at the specified location to tender but again….nobody knows nuttin, ,..what does TILA say about that?
These judges, banksters, their bucket carriers just can’t read plain English. Oh yeah a requirement in law I believe per our rights.
Bob…. Quietly guess what my husband was asked to do?
Play heads up 7-up. 😭
Organize massive rescission filing by everyone possible at same time and publicize it day and night. Track any bank, lawyer, judge or politician that goes against the Supreme Court.
Force everyone to the table.
It works like this….
My husband & I deposited /granted a Warranty deed with the Funding LLC-Grantee.
The pretender lender on my husbands note as Mortgage LLC.
Get It?
Hahaha…nincapoops. ..filed a trust deed to my husband only.
And the Warranty Deed granted from the sellers estate to He and I both also went MIA. .per say.
Talk about confusing..all I wanted to do was…the right thing.
Guess I know why they tried to prevent me from doing just that.
We don’t do business with thieves or their thugs!
SC – you have no idea what i know, what i don’t know, and who i am….
if i ever said similar things at you you would spend hours tearing me a new arsehole and recruiting others to pile onto my head….
enjoy your 15 min of fame… you’ve already worn it out…
live in peace or don’t bother…
i don’t tell others what to do… please don’t tell me
thank you and goodbye
g
Ok..so you knew…can you explain to us how T.A.R.P. played a role in it?
And who was released from liability…including but not limited to the criminals?
Very Good…..!!!
CUSTODIAL AGREEMENT
among
RESIDENTIAL FUNDING COMPANY, LLC, and
GMAC MORTGAGE, LLC,
as Sellers
GMAC LLC,
as Financing Party
and
ALLY BANK,
as Custodian
Dated as of May 19, 2009
shadowcat, I have been researching for 5 yrs, I do know there was no trust before most, like in 2010/2011.
Oh… And I wouldn’t trust anyone claiming to be a Trustee.
No Sir-ry!
Take care of your responsibilities.
Or that little bugger just might sting you.
If you can not win/beat them .. Join them.
Go ahead and give them life … Its in the contract.
But you will never understand the meaning of living and how to enjoy it in Peace unless you follow directions and abide by the law.
If you know not law and procedure .. That’s what Law-yers are for.
To many people ask for the impossible .
And to many others profit from selling the impossible .
Right Neil?
if right cannot win; dignity will survive
Cook. County Mentality!
Knuckleheads!!!!—
Sarcasm. ..
Never Hopeless! They are All Gods Children !
No Child left behind.
Although a few may arrive with knots on their heads.
Hahaha
Behave!
for the sake of my children and all of you – i am going to fight my case on every front and every claim in every forum until either they relent and i am left alone to live my life in peace or they carry my dead body off my land…
Completely hopeless.
100% agree
My first lawyer admitted it was all a scam,my good friend who has been a real estate broker/agent for 20 years told me the whole legal thing is “The after the scam,scam”.
Thats very comforting and then you get not one regulatory body state or fed that will do a thing about it and you must know the only way to deal with it is to organize and 1.remove the cancer.2.Take to the streets in large numbers and remind them that 30 million,or 300 million is a lot of body bags,or far too much ammo to get it done.IMO only two ways.
Theres not an attorney today that will go against the judges in these cases,not in California anyway.
My so called trust was revoked by the SEC from any from of trading as the value was at 1.00$ and they want to protect their “Investors”this was early 2012,yet the pension holdings of the judges in southern Cali show them having these MBS and not having got them til late 2012 so is that not fraudulent?
Look at the number of pages of freddie and fannie its crazy.
Focus on the PPMs agreements to which you are a party.
David if you had an attorney you would know it has been well established there are no trusts.
You would also know PPMs..private placement mortgages structures have/had 2 trusts as one can not hold land.
You would know the 1 trust in the instrument that created the estate gives you a right to …….
Now..what trust are you talking about?
BOB,
PLEASE EXPLAIN THIS, YOU STATE AS THE BANKS STATE , THAT THE BORROWER IS NOT A PARTY TO THE PSA CONTRACT.
IF THAT IS TRUE AS YOU SAY AND THE BANKS SAY, THEN HOW COULD ANY PSA, THAT ALSO IS THE TRUST. IF THE BORROWER
IS NOT PART OF THE PSA AND ALSO NOT PART OF THE TRUST THAT THE PSA CONTRACT IS PART OF. RIGHT.
HOW COULD A TRUST THAT STARTS WITH THE PSA THAT AM NOT PART OF, FORECLOSE ON ANYONE. ???
ITS ALL ABOUT CONTRACT LAW. SO IF AM NOT A PARTY TO THE CONTRACT, SO BE IT. THEN ANYTHING IN THAT CONTRACT AM NOT PART OF. PERIOD. THEN MY MORTGAGE AND NOTE COULD NOT BE PART OF THE PSA AND TRUST THAT THE TRUST IS NOW TRYING TO FORECLOSE.
NOW, IF YOU SAY I AM , PART OF PSA, AND THIS TRUST, THEN I HAVE A RIGHT TO SEE ALL AND EVERYTHING TO DO WITH PAS AND TRUST. AS NOW YOU SAY I AM PART OF PSA AND TRUST.
SO IT HAS TO BE ONE WAY OR THE OTHER, CANT HAVE IT BOTH WAYS. SO AS PART OF PSA, TRUST. I WANT TO SEE, ALL EVERYTHING BEHIND THE CURTAIN. ALL ACOUNTS OF THE TRUST, CANCELLED CHECKS OF THE TRUST PAYING FOR MY MORTGAGE AND NOTE, WHEN , WHERE, THE TRUST STARTED AND ENDED. AS IN MY CASE. SHOW ME WERE, THIS TRUST THAT MY MORTGAGE IS IN, IS ALSO A MEMBER OF MERS, MERSCORP,OR MORTGAGE ELECTRONIC REGISTRATION SYSTEM.
ALL THESE TRUST ARE SEPARATE,LEGAL ENTITY’S, RIGHT. SO THEY WOULD HAVE TO BE MEMBERS OF MERSCORP,MERS, I SEE NONE AS BEING MEMBERS.
david belanger (@revolutionnow1), on October 6, 2015 at 8:57 am said:
bob, I would say this about the statement you say the borrower doesn’t get harm from securitization of his mortgage.
The borrower has NOTHING to do with whether the loan gets securitized, or whether investors buy related security certificates, and the borrower does not suffer or benefit from the PSA, securitization, or sale of certificates in any way. So what do YOU, the borrower, care about it and why? Do you just feel bored?
first of all, you seem smart, so lets see if you would do the same.
bank says oh yes I will give you loan for 300,000. you just sign this note over to us.
in back room of bank, hey we just got another note for 300,000, and we got a appraisal company to say its worth 600,000 thousand.
as I have sec. docs showing this, my loan as being paid off in full as of 1 month after signing mortgage and note. get it paid in full. now the law says once a debt is pay , no matter who paid that debt, it’s paid. it doesn’t matter who paid that debt..
now after showing investors that they now own this debt that they paid off, they sell that debt for the appraisal price, the inflated appraisal, fraud amount. of 600,000 dollars.
now they are using your home , as a betting casino, selling at highest bidders, again this is why so many investors have sued and won, billions on this fraud.
now if the bank came up to me and said look we want to give you a mortgage for 300,000 for 90 days, and we will give you 3 million in 90 days for letting us have a mortgage note. I would say am all in. as you know, they took your sign mortgage note to the treasury, sign it over to them for 30 times the face value, that would be 9 million they got, just the beginning, and now they sell it up to 30 more times on wall street,
again investor caught on. to the ponzi
You could start with misrepresentation of a mortgage.
KC
Did you sign the Note? No
Did you sign the mortgage?
I signed what was labeled and represented as a Mortgage, but that’s not what it is at all.
How much does KC owe?
No Shadow I’ve been told same in CA. Not a matter of lawyers or law the system is rigged and law is irrelevant to these judges. Not even a
Matter of interpretation this judge can’t read or is biased period m
Yes. There is lots of crime going on behind the scenes. I know, because I experienced it first hand.
Attacking the Contract!
Taking a Bite out of Crime!
Many Blessings to All
I will give you a clue…as Bob G. So elequantly points out…..
Its a lien on an Estate!
Look for an Attorney experienced in Estate,Trust and Title Law.
Contract Law really Frost their Balls.
Good Attorneys know what works and what does not in their jurisdictions. And you playing an attorney in your spare time will get you what 99.9% of those playing attorney get….and its not pretty.
Don’t play throw everything but the kitchen sink at them…
Hire an Attorney and pick your poison .
The lawyers and judges are correct.
And that is what cooks my biskets about people selling it as a fc defense.
so… can we find lawyers that will stay behind the scenes [so they don’t put their neck in the judges’ noose] and help us draft proper and timely claims and motions for us to enter “pro se” or “pro per”?
the lawyers confirm i am right – that the TILA rescission action is positive law and accomplishes what it says – but the judges don’t care – and are daring everyone to spend thousands of dollars to take it back up the SCOTUS again
perhaps the syntax i used confused you SC
the lawyers i have interviewed have inferred to me that they are not supposed to pursue rescission claims as an affirmative defense in cook county… that it will be denied… is that more clear?
Neil – anyone – what is name of case referred to in this article??
LOL Bob! Exactly!!!
Ok, Pretend that I’m from Missouri….”Show Me.”
Greg… I thought you were smarter than that.
Your last statement is pure BS!
lawyers have been warned by judges to pursue rescission upon threat of loss of their bar cards (that is the implication in illinois)
I would get a lawyer. But everyone I speak to thinks I am crazy when I mention this. Actually when I mention anything regarding defending fraudclosures. There are NO attorneys out here to help. Please get that thru your heads !!!!!!!
*I AM NOT FINDING THIS VERBIAGE IN TILA. CAN YOU PLEEEEEEEEEEEASE TELL ME WHERE IT IS? I AM WRITING MY COMPLAINT RIGHT NOW FOR 3 CASES WHERE I DID SEND CERTIFIED NOTICE BUT IGNORED…:*
*If the lender/creditor fails to act for more than one year after receiving the rescission they lose the right to collect on the debt completely.*