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Discussion of proactive and reactive approaches to strategies after TILA rescission is sent and recorded. Tonight w etalk about all the different things that should be considered when pursuing a TILA rescission strategy. This might actually be the real magic bullet. So maybe youa re already in court andmaybe you're not. What are your options?

See www.livinglies.wordpress.com --- the largest site on the internet providing information and support to homeowners for more than 8 years. 4,500 articles, together with free forms and resources.

I  will be discussing THE RULES OF THE ROAD FOR TILA RESCISSION AND WHAT HAPPENS AFTER A NOTICE OF RESCISSION IS MAILED.

When that notice of rescission is mailed, THAT is when the rescission is effective and THAT means that the note and mortgage are void. The trick here is to avoid getting drawn into an argument about whether there was something wrong with the rescission. Nobody has a right to raise that unless they have standing. And then it is a question of fact whether they prove that the rescission was defective in some way.

All rescissions are effective when sent whether they are disputed or not. Raising the issue of a statute of limitations is a dispute.

So what happesn after notice of rescission is given?

Rodriguez Law Group, Inc.,

1961 West Huntington Drive | Suite 201 Alhambra, CA 91801 

phone: (626) 888-5206fax: (626) 282-0522

If this episode was valuable to you, please support the Neil Garfield Show by visiting our blog at http://livinglies.wordpress.com. 

The only jurisdiction the court had was based upon the allegations based upon the note and mortgage. The rescission removed the note and mortgage as valid instruments as of the date of mailing the rescission. Hence unless one or more of the parties allege that they are the owner of the debt and the end of the line in the "chain" (and then prove it) none of the existing parties have standing to dispute the rescission which, as Justice Scalia said on behalf of a unanimous US Supreme Court, was effective on mailing regardless of whether it was disputed or not.

Steve Wright and Neil Garfield will be discussing and allowing time for questions in a 45 minute broadcast. The topics are Rescission, the time limits for sending, recording the rescission, the time limits and the rules restricting the right of so-called lenders or creditors from filing anything that challenges the effect of the rescission, Standing, Drilling down on Standing and driving down beyond standing, Judicial notice of the Trust instrument, and the difference between the strategy of trying to enforce the PSA, which most courts are saying you can’t do, vs the strategy of attacking whether the REMIC Trust ever purchased the loan and therefore whether the alleged trustee or servicer has any relationship to the loan. If the loan doesn’t own the debt then the Trustee and Servicer are just padding. 

Stephen P. Wright

 Wright Law Firm

 324 Elm Street

 Suite 103B

 Monroe, CT 06488

 203-261-3050 (O)

 203-218-6395 (C)

 [email protected]

Every year we get closer to turning the corner and having most decisions favor borrowers. Right now we must accept that we are getting more borrower decisions but we are not yet at MOST.

Tonight we have Jill Smith, Esquire returning to our show. Jill Smith is a lawyer with wide-ranging interests and experience and is now one of the foremost lawyers representing homeowners in mortgage disputes. She has experience in many different states of the union and a unique perspective on the culture and ambiance of courtrooms particularly in Seattle Washington where she now practices.

Jill's contact information is

Jill Smith, Esq.

Natural Resource Law Group, PLLC

5470 Shilshole Ave. NW, Suite 520

Seattle, WA 98107

(206) 227-9800

Tonight we are covering the topic of whether we can interpret, argue or philosophize about TILA rescission. The answer is yes, provided it is outside the courtroom. We will also be covering recordation of the notice of rescission under state law. And the main point of argument about the TILA rescission provision that says that the right to rescind expires after three years from the date of consummation. Let me just say that when the SCOTUS says there is no room for argument or discussion that is the end of the matter because they are the court of last resort. There is nothing to revisit in a lower court except correcting prior unlawful decisions that ignored rescissions.

Bill Paatalo's case was highlighted a few days back where the standard bank attacks were rebuffed in Court. He is a very able private investigator who has educated himself thoroughly in the mess we call the "mortgage crisis." see opinion for Paatalo MTD DENIED

Tune in and you'll get some insights that may be very helpful to litigating, modifying and rescinding the alleged "mortgage loans."

Bill Paatalo

Oregon Private Investigator - PSID#49411

 

BP Investigative Agency, LLC

P.O. Box 838

Absarokee, MT 59001

Office: (406) 328-4075www.bpinvestigativeagency.com

Tonight, Connecticut attorney Stephen Wright discusses the specifics of Ct Foreclosure Law in layman's terms.  There is very little education for the Conneticut consumer to go to and learn about the foreclosure process in this state.  Probably because this is a banker's paridise.  

The topics would include:

1) Mandatory pre-conditions to commencement of a foreclosure action

2)The foreclosure complaint and homeowner's right to court sponsored mediation;

3) Foreclosure Defenses and rescission;

4) Use of Bankruptcy to prevent foreclosure;

5)Types of Foreclosures and the differences;

60 Deficiency Judgments;

7) Short sales and deeds in lieu of foreclosure and the next phase; increase in foreclosuresdue to expiration of short term solutions

Stephen P. Wright

The Wright Law Firm, LLC

324 Elm Street

Suite 103B

Monroe, CT 06468

(203) 218-6395 phone

(203 268-8938 fax

With recent decisions confirming the Jesinoski Supreme Court decision, and confirming that Wrongful Foreclosure actions are producing big verdicts, the largest recent one being over $5 million. This is an opportunity for lawyers to make a lot of money in fees.