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PAY CLOSE ATTENTION! Tonight I will explain my personal checklist on dealing with TILA rescission. Most of this material you won’t hear or see again until my new book comes out.
We’ve covered the issues about sending the rescission. So now you’ve sent it. What happens next? What are the proactive and reactive strategies available?
Filed under: foreclosure |
just spoke to a federal attorney, says its over and I lost ! give up and look for housing !!!!!!!!!!!!
god speed.
ya it is something that when you ask the judge , lets see how they payed for the mortgage and note they are saying is theres. ok judge lets see that. lets see if they even can produce a cancelled check.
excuse me judge, are you ASSUMING THINGS HERE. HAHAHA
stay in it. it is all coming closer each day.
Thanks dj; Well, I can promise that we will do what we can… Our appeals case is not being allowed oral argument. This is the trend now in our courts on many cases because of the time constraints. I think I am ok with this, because our case is very strong on the merits, and frankly, I do not relish sitting in court (again) listening to the hostile “trustee” waving his arms, telling the judge that I am “orwellian” or that we “got in over our heads”. Utter lies (our loan was NOT IN DEFAULT!) These antics shall be acutely resurrected in our damages suit, all of the blatant SLANDER that went on. “These people haven’t made a house payment in 2 years judge!!!!” I kid you not. Uh, do you make payments on a rescinded mortgage?? Uh… no.
As anyone who has gone through something like this can attest, the endless litigation takes an enormous toll. My health has suffered a great deal and I have PTSD and all sorts of problems. I just want it to be over so I can attempt to get back to a normal life. I don’t think that will be possible for a long, long time.
I can tell you this; IF we come out of this in a “settlement” agreement that I cannot share, I will tell you now that it will have to be for a VERY big payment… I am committed to helping others, have been doing so for over 7 years now. The sad reality is that the beating we have taken in a jaundiced court, dragging our name around like trash-when we are completely and totally innocent of any default of any kind, is excruciating. Nobody bothers to look past “Foreclosure”. They just assume you are a loser who didn’t pay your house payment.
As many here know, that is simply not always the case, and OFTEN is not the case.
So a recorder will not be necessary, because we won’t be in the court room. HOWEVER I will update the results, though it is expected to take months for them to rule (another fact that is difficult and unfair to live with). At some point you have to preserve your health and your family, and hopefully I can do both. If our case proceeds as I think it will, I should be able to present our JURY FINDINGS!! We will demand a jury in our damages lawsuit, God willing we get through the appeal. The appeal will be “THE Thanks again.
please do not take anything in a shut your mouth agreements. so this can get out into the real world. and you should have a recorder there to record everything, and i would also ask for any decision to be on record for publication.
Social Apocalypse (@SocialApocalyps), on February 12, 2016 at 9:53 am said:
Neil; Greatest show yet, in my opinion! Really got to the heart of what to do (for attorneys) AFTER the ignored rescission! Our case is being heard in the Washington State Court of Appeals Div II on the 23rd of February. We rescinded exactly according to 1635 in 2009 (we were NOT in default!). We have been in litigation since, and just this last June our house was sold following a horrific 6 years of hell. One judge ruled us “time barred” in 2010 (Our case is IDENTICAL to Jesinoski). Filed a rule 60(b) to same judge right after Jesinoski, she denied “change in the law is not an extraordinary circumstance”. Obviously, it WAS NOT A CHANGE IN THE LAW!. Appeal is for “abuse of discretion”. Keep us in your thoughts. If we can achieve the 60(b) then we should be home free because our rescission is FLAWLESS, we did everything right and we endured immense, aggressive collection and abuse by trustee and “lender”. The damages lawsuit that we will file will choke a whale, I can tell you. THANK YOU FOR ALL YOU DO!!!!!!!!! Our Case: “Baker v. PennyMac Loan Services and Northwest Trustee Services” Our case is exemplary that, pre-Jesinoski, TILA Rescission was UNAVAILABLE in a wholesale fashion to ALL borrowers. I have yet to see a rescission that was honored-EVER.
Neil; Greatest show yet, in my opinion! Really got to the heart of what to do (for attorneys) AFTER the ignored rescission! Our case is being heard in the Washington State Court of Appeals Div II on the 23rd of February. We rescinded exactly according to 1635 in 2009 (we were NOT in default!). We have been in litigation since, and just this last June our house was sold following a horrific 6 years of hell. One judge ruled us “time barred” in 2010 (Our case is IDENTICAL to Jesinoski). Filed a rule 60(b) to same judge right after Jesinoski, she denied “change in the law is not an extraordinary circumstance”. Obviously, it WAS NOT A CHANGE IN THE LAW!. Appeal is for “abuse of discretion”. Keep us in your thoughts. If we can achieve the 60(b) then we should be home free because our rescission is FLAWLESS, we did everything right and we endured immense, aggressive collection and abuse by trustee and “lender”. The damages lawsuit that we will file will choke a whale, I can tell you. THANK YOU FOR ALL YOU DO!!!!!!!!! Our Case: “Baker v. PennyMac Loan Services and Northwest Trustee Services” Our case is exemplary that, pre-Jesinoski, TILA Rescission was UNAVAILABLE in a wholesale fashion to ALL borrowers. I have yet to see a rescission that was honored-EVER.
Beth,
I know nothing, and if I think I know something I know nothing.
I do not give legal advice because I do not know legal things.
Sorry to hear of your loss of your loved one, and the feeding frenzy of the bank employees ‘just doing their job’ to steal your home.
Be blessed with the kids and stay strong in your faith wherever it lies.
If I can add one non-legal advice.
Someone, without power of attorney in that bank, told you to stop payment and you must see that that act of not paying, did not put you in default.
If you should ever think, believe, accept, agree, or indicate you are in default that means you owed an obligation and did not pay it, even when you sent the rescission.
Do not injure yourself while trying to protect yourself.
If you step back and look at it, if someone working with you on the modification says, stop paying, then they have in essence stated you do not owe an obligation as long as they have said their ‘simon says stop’.
Regardless of all the idiosyncrasies that would make you shoot yourself in the foot, and injure yourself about the obligaiton you were paying Be-Fore they told you to stop paying. You have to let go all that obligation you were aware of before they said stop paying. When they did that, and you did that, it’s like it created an entire new ‘agreement’ about whether you owed them anything, until after the modification was approved, where they were supposed to determine if you did, and how much you owed Now that the modification had completed it’s process..
A bad example, but one none the less.
If you owed me $100 via money order and I told you to stop paying me until I figure out where I’m going to cash your money order, then you are not in default to me until I tell you when to start paying me again in money orders and you don’t pay me in money orders after that date.
The bank will focus on the before, ignore their instruction to change the contract, and then claim the act of not paying interfered with the obligation before they changed the contract.
You keep the situation on the new agreement that meant no obligation so there was no default because no one told you, you owed anything.
Offer, acceptance, and consideration are all valid to create a contract whether written, verbal, or gesture.
If you hold to what was current properly, it doesn’t matter what papers they held before, there were papers they were holding when they said don’t pay us, meaning you didn’t owe a penny unless and until they said you owed, and you agreed to that amount they said was owed.
Legal stuff is tricky, and even the tricky ways the other side indicates something happened is ‘their truth’ that they state under penalty of perjury. Their truth is not fact, and legally the two words are entirely different meanings where truth is subjective, and fact is indisputable.
Courts never get anyone to swear to tell the fact, the whole fact, and nothing but the fact, so their subjective truth can be a lie to you and still not fall under perjury to a judicial system.
[It’s not God’s system, nor a system of divine law and divine right]
I’m just saying, there is no way, you can admit to failing to perform the obligations of the contract in open court and even think you are going to go home telling the children you win.
You must see the issue as it is, the piece that is current is when you were not paying them, you were not in default because if someone says don’t pay me that means you don’t owe them.
Do not give up on that rescission, because no matter what amount of time has passed, unless you have a piece of paper stating such-and-such is the Creditor of this transaction, then the Creditor has not been revealed, and without the creditor revealed the contract is not consummated, and you rescind because the situation with Wells Fargo was without full disclosure.
If you allow someone who has no interest in your success, ie a lawyer, tell you not to rescind, then to take their advice will be of your free will, and nothing trumps free will even in divine law.
Full disclosure is very important, in all contracts.
If you owed me $100, and paid by money order, I cannot tell you to stop paying me until I figure out where to cash your money order and then claim a right to sue you for your car because you didn’t pay me and I can show I didn’t receive anything from you and you can’t show you sent anything to me. That would be an unconscionable contract because I did not provide full disclosure that the agreement between us included you being sued for your car if you consent to changes in the contract but I didn’t disclose all the changes that would affect your performance of the obligation, and I did not give you full disclosure.
I legally could not go after your car for the agreement we had to pay me $100 where I told you to stop but didn’t tell you full consequences of that action and that the new agreement [to stop paying] made your car collateral if I decide you failed to perform the obligation we were agreeing to.
You cannot go in this as the victim, or you and the four kids will be discarded on the street like you are cause numbers on a piece of paper for a law suit.
Judges are like sharks with a injured fish in their midst.
Remember the movie, Finding Nemo (since you have kids, you may have seen it), one drop of blood from an injured fish can send a shark into a feeding frenzy.
These judges are like devourers of the perceived weakest debater if a contract obligation.
They are not your family, friend, or anyone who would look out for you in the community.
All they want to do is figure out who owes, who can pay, and who can win.
Stand tall, be strong, and keep it simple, keep your thoughts straight that you are not in default.
Trespass Unwanted, Creator, Corporeal, Life, Free, People Independent, State, In Jure Proprio (in Ones own right), Jure Divino (by Divine right)
Friday 12 February 2016
Beth:
Sorry for your loss and current circumstances. From this point forward,
you need to know you are empowering yourself to take control, even if you
feel you have none or do not understand. Understanding will be a function
of your diligence and effort to control your destiny in your current foreclosure
situation. You may feel like a victim in your circumstances, but it is
essential that you change your mind set. However insecure you may
“feel,” once you begin to learn, that will change quickly
My suggestion, others may see it differently, you decide what is best
for you and for your own interests. Read up on all prior posts on rescission
so that you know it better than a lawyer. Read and take notes for yourself.
Then, listen to every radio show Neil Garfield has done on rescission.
You will be given a template of what to do and how to do it. Listen and listen again, taking notes until you become well-versed on what rescission
is, when and how it becomes effective, and most importantly, how you
take control of your own case and guide its movement through court.
In tonight’s broadcast, Neil Garfield suggests using federal court as what
I believe will be your strongest direction. Take the power away from the
state court judge, ASAP. You can file your own federal case, if you cannot
afford an attorney. Get in touch with the federal court in your jurisdiction
and tell the clerk you want to file your own case, requesting fee waiver,
for which you will fill out a form. The clerk will give you what you need, or
at least direct you on how/where to get the forms for filing your case.
When you file your federal case, at the same time, you will request a transfer
of your case from the state venue to federal venue, not to review your
case in federal court, which that court cannot and will not do, but to
enforce your TILA rescission from 1 February 2016, and to have the
whole case under one jurisdiction. By demanding a removal to federal
jurisdiction, the state court loses jurisdiction over your case. That
judge can no longer do anything against you.
When you tell the federal court that you want your case removed to
federal jurisdiction, you notice the state court/judge and the current attorney
representing the lender that your case has been removed to federal
court. You get that Removal Notice time stamped from the federal court
and then sent to the current clerk of court, judge and lawyer.
In all likelihood, your lender did not contest your rescission within the 20
day window to do so. As a consequence, your lender has now waived
that right, and you have just put yourself into a position of power you did
not know existed.
I am simplifying this, somewhat, but if you learn about rescission, how
powerful a tool it is, apply common sense, you will see you can do this.
You may not have a clue about what you are doing, but start believing
that you can do this, and you will begin to figure out what needs to be
done. Federal web site and their own paperwork will walk you through
the steps of filing your own case. You may feel like you are clueless
about doing a lot of these things, but you have no choice, actually you
do, you can tell yourself you cannot do this, or you can tell yourself you
have a family and house to protect and you will do whatever it takes to
save your house and protect your family. That is your guiding beacon
for wading through what you are about to undertake.
Contact federal court immediately and get that paperwork started. Time
is against you. Once you get that paperwork filed in federal court, time
will be on your side, along with the law, also in your favor.
Tell yourself you can and you will do this, and then you will begin to
slowly figure out how much power you have. Read, listen, and do. Read,
listen, and do. Do it with determination, and you will surprise yourself.
Cheers…
mn
Beth, if I knew any attorney’s in CT, I would ask them to help you.
TRIED TO CALL IN… here in CT- Ive been trying to fight an ESTOPPEL / foreclosure SINCE April of 2013, shortly after I lost my husband of 30 years to a very rare appendix cancer , in which we were continually in process of getting a hardship modification, my husband passed away sept 2012 – I was assured this mod was still going forward they just now needed a death certificate,my son came home from school and found foreclosure papers on front porch. My attorney states matter of factly that rescission does not apply to me ALTHOUGH I sent a rescission letter on feb, 1,2016 ! I edplained to the judge I was callig into question all documents brought into evidence as I also believe wells fargo fabricated some documents! this aggrevated the judge ruled for a strict foreclosure , law day june 27,2016 ! I’m now a disabled widow with 4 children about to lose our home after wells fargo TOLD US TO STOP PAYMENT UNTIL OUR MODIFICATION WENT THROUGH! this judge finds me guilty of default ?
someone please help my children and I ?
fyi at 4pm MST > your >
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