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
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:
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.
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.
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.
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.
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 |