Tonight! How to Use TILA Rescission to your benefit?

What to do and what not to do with TILA Rescission

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Whether you can sue for damages is one question. Whether the rescission had the effect of removing the jurisdiction, right or authority to dispossess you of title is another. And whether title ever changed is yet another. Yes you can sue for damages if not barred by a statute of limitations. Yes authority is vitiated by operation of law regardless of the status of litigation. And NO, title never changed and you probably own your house unless state law restricts your right to claim such ownership.

All three questions are related. While the usual question is about damages, you must first start with a clear understanding of what effect TILA Rescission has on title and what causes of action might exist against the pretender lenders.

6 Responses

  1. Most of the loans were refinance, which are covered by TILA rescission. As far as the 3-year limit, the plaintiff would have to file a case within 20 days to contest that, otherwise it’s valid upon mailing whenever that might be (IMO).

  2. I think you’re sending lambs to slaughter with this advice. And rescission doesn’t apply on purchase money loans.

    https://www.justice.gov/opa/pr/wells-fargo-agrees-pay-209-billion-penalty-allegedly-misrepresenting-quality-loans-used

  3. Neil,

    Can you comment on Rescissions with regards to the 3 year SOL?

    You post a lot about rescissions and My guess is most of us have eclipsed the 3yr SOL.

    Are you suggesting that one can and should file a rescission even after the 3yrs have run?

    Thanks

  4. @rogerrinaldi:

    Please provide a usable link. I can’t access with the one you provided. Thanks!

  5. Are you asleep over there?
    Wells Fargo pays Over $2 Billion in fines for MBS fraud
    Consent agreement at this link:

    file:///C:/Users/usedk/Downloads/New%20folder/wells_fargo_rmbs_settlement_agreement_8.1.2018_0.pdf

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