Rescission Litigation: 3 days from when? 3 years from when?

For further information please email neilfgarfield@hotmail.com or call 954-495-9867 or 520-405-1688.

This is not a legal opinion on any person’s case. Consult with licensed legal counsel in the jurisdiction in which your property is located.

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This wraps things up for the week, and a reminder that there is no show tonight.

I think the following rules should be applied to the letter of rescission. Remember that Congress explicitly stated that borrowers have the right to effectuate rescission with a mere letter. Congress did not state that the lenders could reject the rescission with a letter. They MUST file a legal action alleging whatever defects they wish to assert. Since the rescission is effective by operation of law it is ONLY through operation of law that the rescission could be vacated.

1. Don’t refer to the date of origination. You don’t know when your liability, if any, arose. You only know when you signed papers. Consummation of the loan commences the moment your liability arises and that is a question of fact for the alleged “lender” to allege and prove IF THEY WANT TO. The alleged lender has the option of accepting the rescission and all the reasons they could have attacked the rescission are voluntarily waived. If they don’t get an order vacating the rescission within 20 days of receipt, they have involuntarily accepted the terms of rescission in the TILA statute. Congress explicitly cut off any right of a lender to stonewall the rescission.

2. Don’t offer any reasons for the rescission. You might be putting those reasons in dispute yourself thus raising the question about whether the rescission was  proper or warranted.

3. Send it to everyone who was ever claiming a right to collect, own or service the loan.

4. To make sure that they know you are traveling under TILA, you can add that they have 20 days in which to comply with Federal statutes.

5. The Beach v Ocwen decision (1997, Supreme Court) can be used for the borrower since the “lender” was not challenged as to standing to contest the rescission, the 3 years was admitted to have run and the alleged “lender” DID file papers in court to get relief from the rescission, which the court gave them. No allegation appears to have been made as to the running of 20 days and perhaps Great Western actually filed their contest of the rescission within 20 days. Both the State and Federal Court have jurisdiction over TILA federal Questions. But it is important to note that Beach says that the 3 years is not a statute of limitations, it is statute of expiration. So the question becomes whether the lender wishes to use that defense, whether the time has run from “Consummation” and whether consummation has actually occurred between the parties who who arguing about it and if so when that point in time was that consummation occurred between the parties identified as borrower and lender.

6. The question of whether the alleged lender has standing, or has good grounds to vacate the rescission are all factual questions that must be alleged in a pleading or complaint and proven at trial or final hearing, with the burden squarely on the party attacking the rescission.

7. The basic thrust is that the rescission is effective by operation of law by mailing a letter from the borrower(s). The ability to counter that by letter from the lender is not in the statute and therefore not available. They must file something in court.

8. During the 20 days running from the date of receipt of the notice the “lender” has the option of accepting the rescission. If they wish to get relief from the rescission, they must file a lawsuit or raise their objections in a pleading in a court of competent jurisdiction — and possibly ask for immediate relief within the 20 days in order not to be in violation of TILA statutes.

98 Responses

  1. I want to add some comments that are unique to the State of Florida. As Neil referenced, Beach began in Florida’s Fourth District Court of Appeals. The main issue concerned whether TILA was a statute of limitations or a statute of repose. The Fourth DCA concluded that it was a statute of repose with the extended right being extinguished after 3 years. The Florida Supreme Court affirmed.
    But here’s what everyone in Florida is missing. In affirming the Fourth DCA, the Florida Supreme Court adopted the following language from the Fourth DCA’s opinion:

    “When a borrower exercises his or her right to rescind in either of the above circumstances, he or she is not liable for any finance or other charges, and any security interest given by the borrower becomes void upon rescission.[5] The end result is that the lender can only collect on the loan principal and loses any security for the loan’s collection.”

    Notice the last sentence. “The end result is that the lender can only collect on the loan principal and loses any security for the loan’s collection.” This is crucial because this is established law in the State of Florida. In Florida, “[w]here an issue has been decided in the Supreme Court of the state, the lower courts are bound to adhere to the Court’s ruling when considering similar issues, even though the court might believe that the law should be otherwise.” State v.Dwyer, 332 So.2d at 335.

    The lower courts in Florida are without power to decide any issue in contravention of a Florida Supreme Court opinion.
    In affirming Beach, the Supreme Court of the United States made clear that “[a] borrower who exercises this right to rescind “is not liable for any finance or other charge, and any security interest given by [him], including any such interest arising by operation of law, becomes void” upon rescission.” Beach v. Ocwen Federal Bank, 523 U.S. 410 (1998).”

  2. John Anderson! Congratulations!!!
    Congratulations!!!!!!! 👏👏👏👏👏👏👏👏👏👏👏👏👏👏👏👏

    You make #3 in Winning 2 Summary Judgments!!!
    Thats the consequence for running in packs and attacking the borrower at the same time.

    Slap.. Slap..👋👋

  3. Bob G….. Do you have an email address that you can post here?

  4. Thanks for the link Elex … Appreciate it

  5. Well, I said that I would report on the outcome of my Summary Judgement hearing, set for today “07/07/2015″ @ 1.30 pm.
    I won it in a walk. My second Summary Judgment victory. I will get into the details later. I just want to say ” THANK YOU NEIL GARFIELD ”
    Keep fighting people. Its not over, till we say its over.
    JohnAndersonForPresident.com

  6. Oh another twist. They never gave the name of the Judge that would hear my case. They just stated the Chief Judge. So I go to find out who I will be dealing with.
    IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT
    IN AND FOR PASCO AND PINELLAS COUNTIES, FLORIDA
    ADMINISTRATIVE ORDER NO. 2015-025 PA/PI-CIR
    RE: ACTING CHIEF JUDGE
    The Honorable Shawn Crane, Circuit Judge, is hereby designated as Acting Chief Judge
    from 8:00 a.m., Saturday, May 23, 2015 through 8:00 a.m., Monday, June 1, 2015, during the
    absences of the undersigned.
    The Honorable Anthony Rondolino, Circuit Judge, is hereby designated as Acting Chief
    from 8:00 a.m., Wednesday, June 17, 2015 through 11:59 p.m., Tuesday, June 30, 2015, during
    the absences of the undersigned.
    Effective immediately, Administrative Order 2015-024 is hereby rescinded. Effective
    July 1, 2015, this administrative order is hereby rescinded.
    DONE AND ORDERED in Chambers at Clearwater, Pinellas County, Florida, this
    ____ day of May 2015.
    ORIGINAL SIGNED ON MAY 12, 2015
    BY J. THOMAS MCGRADY, CHIEF JUDGE

    So I do not know who I will be seeing.
    Interesting piece by Tampa Bay Times. Linked below.

    http://web.tampabay.com/news/courts/election-of-chief-judge-in-pinellas-pasco-circuit-will-be-done-in-secret/1013428

  7. Well gang, I am going to court tomorrow. Summary Judgement hearing.
    My house went into foreclosure in Oct 2008.
    The reason it did was because I quit making my payments.
    Why did I stop making my payments? Its a long story, but I will cut it in half by starting in the middle.
    In late 2007 the economy was falling off a cliff , and my business was having a huge drop in business.
    At the time my loan was serviced by Regions Bank, witch was great because I did my banking with them and could make my payments online. After I had made many on time payments, they offered me a $20.000 open line of credit, and gave me 90 days to activate. So when the economy tanked, I moved to activate, they reneged, on the offer.
    In early 2008 I started looking to once again refinance. I went to the online site of Lending Tree and filed for a loan. I had listed the loan amount I had got from Quick Loan funding that was used to pay off a earlier loan that I had got from Amerquest Mortgage.
    Lending Tree informed me that I had two mortgages on the property for a total of $160,000.00 instead of the $90,000.00 mortgage from Quick Loan, that was to pay off the $70,000.00 mortgage.
    I found out that the last assignment was in the name of Quick Loan Funding, that by 2008 was already out of business.
    I made my last payment in Feb 2008.
    When the Bank got in touch with me, I asked why I should make any payments to them or anyone else, considering the facts?
    The woman I spoke with said she would get back to me and I got her number off the caller ID. I tried to call her back a few days later, and the phone just rang and ranged with no answer. A few days or weeks later I got a notice that my loan had been transferred.
    GAME ON!
    To make it short after a 5 year court battle I won the decision, using advice of Neil, and plagiarized work from Matt Weidner.
    Shortly thereafter Matt wrote a blog
    ” THEIRS NO WINING A FORECLOSURE SUIT IN FLORIDA”
    Second Court of Appeals had ruled that a lender could refile by changing the date of the payments owed, and even cases that had been dismissed with predigest, could be refiled.
    My heart sank.I knew it would happen again.
    I had filed a TILA rescission on 02/11/2009 on the loan of 04/21/2006
    I sent it certified Mail to the attorneys representing the people who claimed to own the note and mortgage. Liquidation Properties, Inc. AKA Citi Property Holdings Inc and to their home office,s and filed it with the court.
    At the first hearing, the Judge asked me why I stopped making my payments? I responded ” I wanted to know that the payments were going to the proper parties”. The people who filed this have no standing
    He did not like it. He also did not like the six page, throw everything at them but the kitchen sink, defense that I got online. He was waving it around, and said “WHERE DID YOU GET THIS?”
    I replied ” I got it from a foreclosure defense group”
    He said “Probably was written by a para legal”.
    I said that the parties who filed this had no standing.
    I then inquired about the Note.
    “WE HAVE A COPY OF THE NOTE” He screamed, and was flipping through the file, he finds it and hands it to me. I make him wait till I read it, and I hand it back to him, and say ” I would be happy to give the plaintiffs a copy of some money”.
    At that point he went ballistic, and was fumbling through his file and asked the plaintiffs attorney “Where are the assigns ” She responded by asking ” Are they not in the file” This was the only thing she said other than her name at this hearing. In Florida the judge prosecutes foreclosure cases.
    “OK, this hearing is postponed, file your assigns!” He says to the attorney
    I motion to my wife to leave, and as we are, he says
    “I GUESS YOU FEEL THAT YOU DON;T OWE THEM ANYTHING?”
    I replied ” I may owe somebody, judge , but I don’t owe them”
    The case was tried in the 6th circuit court of Pinellas County FL. case #08-16377-CI.
    You may review and plagiarize at will, if any of it will help you.
    A few weeks later they filed a assignment from DOCX signed by Korrel Harp, and Linda Green. with a effective date prior to the suit being filed. I studied them and went online looking for their names on assignments of mortgage, and found that they had many different titles. And many different signatures. at this time I stumbled onto Fraud Digest who was ran by Lynn Szymoniak Esq who was calling out for anyone who had assignments of mortgage from DOCX . I emailed her with all the assignments that I had, and she sent me all she had including her own. We then went to work on getting more. She was very successful at gathering a very large amount, and I contacted the Fulton County District Attorney to report a crime. I contacted the Alpharetta GA police to let them know of the mass fraud being committed. I think it did have a effect. Soon DOCX was closed, the law firm of Ben-Ezra & Katz of Fort Lauderdale lost their Fanny Mae funding, and 200 lawyers and 400 support personal, hit the streets when it closed. So sad.
    It was a year before the next Law Group was retained.
    So I will let you know how it goes.

  8. re: AT&T’s monopoly for the younguns:

    “This divestiture was initiated by the filing in 1974 by the United States Department of Justice of an antitrust lawsuit against AT&T.[2] AT&T was, at the time, the sole provider of telephone service throughout most of the United States. Furthermore, most telephonic equipment in United States was produced by its subsidiary, Western Electric. This vertical integration led AT&T to have almost total control over communication technology in the country, which led to the antitrust case, United States v. AT&T. “

  9. @dwightnj…i’d like to talk to you off line about these TILA rescission matters, if you are willing. If your analysis is correct, there’s probably a sizable amount of money to be taken from the banksters with this. And I love taking money from them. I have the laboratory experiments already teed up. Let me know if you are interested.

  10. They are NOT Gods.
    Who would have thought that people are seeing the people in these courts as someone whose decisions can be ignored.

    I mean,
    if a lower court can ignore a supreme court,
    why does anyone believe a living man or woman can’t ignore a lower
    court?

    Its obvious they GET IT WRONG and then want us to suffer the consequences of their ignorance or lack of knowledge

    Where did we get our knowledge of courts, their purpose, their power over us?

    link found at steve quayle
    contains this partial statement

    “…. this gratuitous judicial-review power — where courts’ rulings on law are considered to constrain all three branches of government — is not found in the Constitution. Rather, it was unilaterally declared by the Court itself in the 1803 Marbury v. Madison decision….”

    http://www.thenewamerican.com/usnews/constitution/item/21190-pound-sand-your-honor-more-americans-want-states-to-ignore-federal-courts?utm_source=Newsletter&utm_campaign=89a8ab1a52-The_Editors_Top_Picks_3_12_143_12_2014&utm_medium=email&utm_term=0_8ca494f2d2-89a8ab1a52-289774441

    Trespass Unwanted, Creator, Corporeal, Life, Free, People, Independent, State, In Jure Proprio, Jure Divino

  11. Aww ETolle,
    Isnt that the epitome of why we have a constitution hatched from the magna Carte, and why ” the man with the gold” should not be the only one with access to justice. To think of all civilization went through does it not break your heart. We may be no further on.
    https://en.m.wikipedia.org/wiki/Magna_Carta

  12. Every last one of these alleged agreements should be found void on the basis of unconscionability. NO one in his right mind would sign a mers anything if she had a clue what she was doing and or getting into. If a court says “well, if you just made your payments, you wouldn’t be affected by a rico enterprise”. That’s wrong. Just the potential for these “issues” is enough to make any “agreement” unconscionable.
    Would you sign a loan agreement if you knew that this ‘mers’ is really just a software program, itself owned by someone else and or that employees of the alleged loan servicers (and others like lps) could and would assign your loan at will, often to themselves?????

    “Unconscionable transactions contain an element of overreaching,
    unfairness, surprise, or harshness that leads to the conclusion that the agreement should not be enforced, even though the disadvantaged party could have protected him- or herself through
    the exercise of proper precaution.”

    Who would have known? “merscorp” and its buddies have wrongfully cornered the market, just like AT&T did.

    “Mers” is NOT qualified to be a nominee, an agent, a beneficiary or anything, not even bottle-washer. This shell corporation being named in anything having to do with OUR business is nothing but
    unadulterated bullsh$t.

    MERS HAS TO GO – REFUSE TO SIGN A MERS MORTGAGE

  13. @DwNJ – if your was not dismissed by summary judgment motion, this case may be what you are looking for to overturn your judge’s ruling –
    http://www.lockelord.com/newsandevents/publications/2014/07/~/media/A726526BF11846BB9831E144A4AB0C9E.ashx

  14. Court: Comrade from bank, you have required paper to remove borrower from dwelling?

    Lender: Yes Comrade, sufficiency unquestionable. Besides, he not pay, what more I need?

    Borrower: But I filed a timely rescission notice!

    Court: Silence! I am the one who says timely or not! You here because I suffer your presence; do not forget at your peril. Do you have tender? Right now, in cash? If so I make this whole problem go away….

  15. @DwNJ – Interesting read on TILA tender and equitable tolling issues – http://www.lockelord.com/newsandevents/publications/2014/07/~/media/A726526BF11846BB9831E144A4AB0C9E.ashx

  16. Agree with Louise and jg
    It is unconstitutional how can a minority class circumvent thay right to life liberty and property we have s hostile environment and no certainty at all regarding property rights and who has right to posession.

  17. JG, worse yet MERS was created by lawyers in a white shoe law firm Burling and Covington wherein one of the partners, Eric Holder, became the Atty General of the U.S. He was a partner when MERS was created. MERS is a travesty and must be taken out and the mega banks brought down for their criminality and destruction of America. Our Constitution has been stepped on so many times, it is not even countable. The nightmare continues and the property rights and proper recordation are still being destroyed.

  18. act.commoncause.org/site/Advocacy?pagename=homepage&id=655&s_src=taf_cp&=655

  19. @ johngault,

    It is obscene.

    The truly discouraging theme throughout is the fact each political party will spout patriotic platitudes and trumpet financial responsibility while they are both equally in thrall to the same banking class that was launched out of here in 1776.

    Insofar as property ownership goes; Google John Adams. he felt it is sacred.

    In the meantime, We The People have squandered our birthright while corporations destroy the planet.

  20. Mk, I was just thinking as I got online tonight about 1776 and how our forefathers would be horrified at what’s become of their valient efforts.

    MERS is a legal joke.

    It’s (rather Merscorp’s)”business plan” undermines and makes a mockery of the law and nothing but. Not I nor anyone else should need a gold mine to determine the other party to agreements we made ( to the extent there was in fact a meeting of the minds – an essential element of a contract -). No third party with conflicting interests should be put smack dab in nor allowed / tolerated in OUR business, which is just what’s been done here. Contractual rights and servicing have been split for some time, isn’t new, but never before has a servicer, a stranger to the deal, been able to assert without real evidence that it has x, y, and z authority nor been able to exercise authority (even if it could) which is in no one else’s, i.e., the actual parties to an agreement’s, best interest.

    I’m going to repeat that a trust trustee may not ratify an act the beneficiaries of a trust may not themselves perform. To ratify means to approve an act not authorized in an agreement or, say, in a business’es bi-laws or corporate resolutions.
    The trust bens may not themselves accept a late assignment because it violates the law by which the trust is regulated. No one may ratify an unlawful act. If the bens can’t do it, neither can their trustee. Therefore, imo, the late assignment is not voidable, it’s void pursuant to that trust law.

    MERS HAS TO GO – IMO there’s little hope and NO hope for the majority until it’s gone.

  21. @ Shadowcat, @ E. ToLLe, @louise, @ Deborah wyn

    If you agree, you may want to use the link below to make your voice heard. Feel free to use what I wrote directly below the link and copy it into the space provided, should you wish to do so.

    If not, you may wish to send your own message.

    Happy Fourth!

    Act now with Common Cause at act.commoncause.org/site/Advocacy?pagename=homepage&id=655&s_src=taf_cp&=655

    In repudiation of the achievements of 1776, a wholly-fraudulent and foreign, private-banking cartel now sits athwart the financial interests and mechanism of these United States.

    The cancer of the original deceit: the intentionally-mislabeled “Federal Reserve”- neither “Federal- while owned and operated by private-foreign bankers”, nor, possessing ANY “Reserve(s)- our currency is created as debt, at inception, out-of-thin-air, on computer screens”, has metathesized into further debilitating deceit: the twin abnormalities that are the “IMF” and “WorldBank”.

    The central banking paradigm is a “FRAUD” and, at the risk of repeating myself: “Antithetical to the reasons this country fought to gain its INDEPENDENCE IN THE FIRST PLACE!

    At this point in time, the central bankers are insolvent by any stretch of anybody’s abacus: google “Quadrillion”.

    Currently, in the wake of criminally irresponsible pandering to Wall Street (subprime speculation in the absence of “Glass-Steagall”), the “Law Enforcement Crowd (ROFLMAO)” has abandoned the rule of law altogether in the mistaken notion a “cover-up” will suit the interests of the American Dollar.

    Tens of millions of Americans are facing the loss of property rights while complicit banks, lawyers, judges and politicians are turning a blind eye to any number of blatant frauds.

    They are doing so because the banks have rendered themselves INSOLVENT due to speculation in derivatives (Google Goldman Sachs)… then (Google Goldman Sachs and Greece).

    What A Joke.

    I pray Greece, the most-enlightened of the planet’s nations, at the moment, stays the course.

    End the fraud that is the central banking paradigm and put these filth in jail.

    End the Corporatocracy; End “Citizens United”!

    “Corporations are Not People” and I am NOT “your friend”.

    The answer, someone has said, to 1984 and “FED Double-Speak” is

    1776.

    A Populist reckoning is at hand and there will be consequences.

    You will do well by adding your name as a co-sponsor to the Democracy For All Amendment (S. J. Res. 5/H. J. Res 22).

    This once-great country is uniquely suited to defy Tyranny and the simple fact the banks WILL fall, does not validate the notion, the Country is doomed to follow them into the abyss.

    The Bill Of Rights will ensure “We The People” will endure…

    I am fairly confident most politicians will prove less fortunate.

    Plant more Acorns, We are gonna’ need more trees.

    While I have suggested OAKS, a friend has explained Australian Willows will grow more speedily. He has explained they will “foot-the-bill”, so-to-speak, while they will provide for the quantities necessary once demand begins to manifest itself.

    At any rate, I am encouraged HEMP is enjoying a renaissance. George Washington called it the “most useful of plants”, or words to that effect; seems We The People will have some strong reliance once demand reaches a Proper level.

  22. @ Shadowcat,

    My mother said I would never amount to anything… I was beginning to believe she may be right.

    However, it does appear I have managed to compel you to spit the marbles out of your mouth long enough to admit you are an “investor”.
    For those following along, the fact mumbles is an “investor”, places he/she, or/its agenda in stark contrast to why he/she, or/it rushes to the support of those in the camp where the fraud MUST REMAIN CONCEALED AT ALL COSTS.

    ITS INVESTMENTS ARE THREATENED.

    “People”?, such as this believe the status of the Dollar will endure if the rule of law is subverted to the investment class.

    In other words, the banking class.

    So, they espouse the notion, that, despite crimes committed across-the-board, only those that can find deficiencies in the contract are allowed to gain redemption.

    This ideology encourages them to maintain the status quo and feed the majority of US into their meat-grinder: debt slavery predicated upon fraud, in the absence of the rule of law.

    The Punchline: An international “Currency Shift” is in the works. The bankers have determined to brazen it out. They are playing percentages the rest of US will not figure it out in time to put them in jail before their next, international ACT OF USURY manifests as an altogether NEW currency they control to the detriment of HUMANITY AS A WHOLE…

    In other words: “CENTRAL BANKING”.

    Incidentally, I fish in salt water and sometimes, on “livinglies”, as well.

    For those within the investment class, I offer the following:
    Google “Gene Burnett, Jump you F@ck$#s”.

    Or, wait ‘til We come for you… six-of-these, half-dozen-of-those… no matter.

  23. @ louise,

    My personal favorite was when somebody used a nail gun to hammer one of these pigs to death. They shot him fifteen times and called it “suicide”.

    I do have some misgivings; particularly, as a stud myself, I do feel employing a nail gun in this fashion does imply upon the victim a false sense of manhood… I mean, c’mon, he is after all, a banker.

    Elevating him to “stud” status, in this irresponsible fashion, is an insult to carpenters and fishermen everywhere.

  24. @ E. ToLLe,

    I love you man.

    My one concern: once the bankers are joined by politicians, judges and lawyers, will the “tensile strength” allow for a clean break?

    I mean, its one thing to give these filth what they deserve, but, I am concerned that slowly choking them out will prove unsightly.

    You know… their shiny little wingtips tracing desultory divits in the dirt… possibly, with some heels flying in and among the spectators…

    Altogether, very un and un: ladylike and gentlemanly; although likely the music that will ensue, with any luck at all.

  25. Why tender?
    Tender what?
    I sat at a closing table, I got a copy of some papers I signed at closing.
    I can tender it back if you want me to?
    I did not deposit a dime into my account, but I had a check for an amount to be withdrawn from my account at the closing table.

    Usually they would pass me a check, I would deposit it, and I could pay someone from what I deposited.

    I have purchased cars with loaned money, and I signed papers that appeared to be drafts from the bank to the dealer with my name on it to pay for the car.

    Has anyone done a financial transaction where they signed a check?

    If someone said to tender the money I was paid for the car, I at least know what is being requested.

    I saw that check, I signed it over to the dealer, the dealer gave me a car.

    If the dealer wants the car, he’d have to tender to me the money I paid for it, and I’d tender it back to the ‘lender’.

    At the closing table for the property, I was tendered some signed papers, with my signature. I say I want to rescind my signature.
    What do I tender to them? copies of signed papers?
    The property? And what do they tender to me?

    Even if I tendered the property first, they’d have to tender the money, and then if I still wanted the property I could buy it outright without interest.

    If people beat the actual facts around enough, they can re-write history.
    It’s a known fact history has been re-written. What a swatika meant then, means something else because enough people believe it does, and that makes it so.
    What the current stars and stripes meant then means all kinds of patriotic things now because people have been taught to believe that’s what it mean. A simple search would show what an original stars and stripes meant, and what this one means.
    The Confederate flag could be one of the remaining images from pre-FED Res, and to remove it could have more significance than race wars. Anyone with some sense know there is mind control in many places, heck some of these people sign up for secret projects and studies for money and end up mind controlled (but they got paid for the use if their mind, albeit to their death).

    Tender what? It’s all one sided.
    A judge stops something they have no power to stop, and people see no crime in that, so they won’t even file a criminal complaint and name the judge. I don’t get it.
    If I robbed you of your home making you stay in a contract that is void by operation of law, you’d have all kinds of people after me and ready to throw me 50 feet under the jail. But a man or woman wears that black costume and goes to work, and sits at their desk and tells you, you can’t keep your property, they are going to keep you in a void contract so you better accept it, and guess what? You do.
    no cfpb, no ftc, no ag, nobody else knows the agreement you made with that man or woman to do as they say do.

    And we know this site is full of the other side, here to confuse, assuming multiple identities, popping in an out as many names, and we still listen to ‘legal advice’ from people who don’t know legal things, and where are we today, from 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015….has anything changed when you go into the court?

    Even the supreme court justices states something and ‘its in writing!’, and people let folks who have no power, have power to do things they have no power to do, but for the fact that people don’t protect their rights, except by trees, ropes, and guns.

    Barbaric.

    Where is the just say ‘no’, or I object, or I’m not accepting that decision, it goes against the supreme law of the land, or I plan to file a criminal complaint, not an appeal, or any of the other tools available.

    Are that many of us mind controlled by law and order episodes, or something?

    It’s nonsense to sit and have someone get upset at how another expresses their self to the point of berating how they communicate.
    I communicate cryptically and i have to, it’s how I do things to not violate universal law of free will, which includes the right to know something or not know something.

    And i see that some people claim to want to know but choose to not know and that’s their right. If I take it upon myself to be their ‘God’, to guide their way, I violation a universal law.

    If all men are created equal, and an equal has no power over and equal, and I know that in my core, but someone else doesn’t, well they’ll let a man in a dress tell them what they can and cannot have because they see him as greater, above, smarter, higher, in other words not as an equal.

    Who am i to tell them it is their own fault for letting their own mind not know something that is universal?

    I am nobody and I am one with everybody and everything.

    We are experiencing what we are experiencing because of us, and no one else.

    If you want it, go get it, if you don’t let someone take it from you.
    if the steal it, you spend time figuring out how to identify them to get it back, but you don’t have to kill anyone who is equal with you.

    You gave them power, you take it back.
    it’s really that simple, but the mind that is not ready to comprehend will not, and if the mind lets another mind feed it, and that mind feeding your mind, does not want your mind to know, well it will not feed you things you need to know. You gave your power to them to tell you what you should know.

    It’s you, me, us, we do this to ourselves.
    We can only point at us for our remedy.
    And if we want someone else to tell us what it is, or how to do it, we again have given away our power to one who is equal.

    Why do they know something you don’t know.
    Shouldn’t you be able to know the same thing from the same source?
    What’s their source? Did you learn from the same source?
    Another hearsay, that is not admissible in court, being used to get your remedy?

    I know I had a part to play in my home being stolen.
    My lack of knowledge allowed them to take it, and that was because I used others as my ‘God’, to tell me what I should do in this situation and they were wrong, Ooops!

    When I started doing things my way, how I see it, how I read it, what I know they can do and what I know they can’t do, all kinds of doors opened.

    Like Neo said in the Matrix (1999),
    ——————
    I know you’re out there. I can feel you now. I know that you’re afraid… you’re afraid of us. You’re afraid of change. I don’t know the future. I didn’t come here to tell you how this is going to end. I came here to tell you how it’s going to begin. I’m going to hang up this phone, and then I’m going to show these people what you don’t want them to see. I’m going to show them a world without you. A world without rules and controls, without borders or boundaries. A world where anything is possible. Where we go from there is a choice I leave to you.
    ——————-

    Agents are here, Agents are in the courtroom.
    They have no power, only what you give them.
    They have rules, they have to obey their own rules.
    When they don’t, if they are found out….if they are found out….they get into trouble.

    if you remain silent, you acquiesce (accept what was done to you)
    Coming here and talking to agents will only give you more of what you got.

    Coming here is good, but know how to use this place too, as a tool.

    Trespass Unwanted, Creator, Corporeal, Life, Free, People, State, Independent, In Jure Proprio, Jure Divino.

  26. Election yr 2016 !

  27. E.Tolle, I have to agree with you about the trees, but there are other ways to “off” the bankers. What happened to the torches and pitchforks followed with tar and feathering and the guillotine. Also, the cat is giving my fur babies a bad name. Living Lies must be giving someone a “bad feeling” or we wouldn’t have so many trolls. One of us should try and get one of those jobs for the banks and see how it goes. I agree with Michael Keane, the criminality and fraud is going to crash and burn soon.

  28. Michael, although I tend to agree with most if not all of your postings, but I have a major issue with one of your contentions, when you say:

    Plant more acorns. We are gonna need more trees.

    This approach is woefully inadequate. Aussie Willows are the only way to go. They’ll grow 6’ – 10’ per year, and by year five should be able to handle four to five average sized bankers, give or take the oddball culpable martini-fueled paunch.

    Granted, oaks are most definitely stronger, however, the situation we find ourselves in demands quantity much more so than tensile strength. What we need are community groves, where the bankers go in, but they don’t come out, and thus supplying the compost for ever more groves. It’s a beautiful thing.

    Also, don’t waste your time stroking the cat. She’s proven herself time and again to be a Major Buffoon. Maybe even a general.

  29. Evil pure Evil and who is the leaders of the Evil “Deutsche Bank” The Greeks forgave the German debt after World War 2.

    Once a Nazi always a Nazi they cant help it these Germans and their coherts

    The intersting thing is the countries that sided with the Germans in World War 2 Greece Italy and Spain are gonna take them down this time but not paying their debt.

    You can dress a greedy pig up to look like a Shadowcat but it remains a Pig.

    NEVER AGAIN

    This is not only a fight for our properties its a fight for freedom. Every Generation has the obligation to fight for freedom.

    GOD BLESS AMERICA

  30. MK… Because you are a Newbie to th3 sight I 2ill say this again just for you…..

    Yes….I have multiple personalities….

    1….. An Investor
    2……A Homeowner
    3……A taxpayer

    And deddepending my mood….I will share information.
    But Never Never will I share with Anyone who is not willing to be reasonable and pay what they owe us investors.

    I played 10s of thousands in legal fees and Won both cases!
    Been head to head with these Turkeys long before Neil started the website!

    My Legal Eagles obviously have the upper hand.

    Fishers of Men know fish do not eat in the heat of day.
    The shall go Hungry!

    Gone Boating….
    KC Out!

  31. Michael to make a long story short. They’re “Predators” Bulliies Evil and have no place in our society.

    NEVER AGAIN

  32. It’s like: “the Michael Keane Show” around here… Sorry.

    I’m goin’ fishing.

    Happy Fourth… Oh… and there’s a reason why Americans say: “Happy Fourth”…

    And its got nothing to do with hotdogs, hamburgers or appliance sales…

    I used to remember what that something was…

    If only I could remember…

  33. @Deborah wynn,

    Bravo! You are correct, once again.

    You wrote:

    i say god knows only how many investors and god knows the overall economic harm to this nation but not because of anything the borrower breached or hishonored but because there was no contract ab initio it was never a meeting of minds and never an unslandered title to the real property.

    I know I sound like a nut, but the damage isn’t to the country, IF, We The People, force the criminals to endure the rule of law.

    Should We continue along, grinding and dehumanizing as it is, the banks will fall.

    When the banks fall, the BANKS FALL…

    NOT THE COUNTRY…

    Instead, the original design of the county will be restored once the banks are swept into the gutter where they belong.

  34. @ Mellissa,
    You should be confused about “Bob G.”

    He is a plant.

    Awhile back, Christine told me to contact, “Gene”, regarding one of my cases.

    I did so.

    It turns out, despite the solicitation to explain the material evidence of my case- which I did- (“Gene”- his real name was “Pat” btw), did absolutely nothing for me after he admitted I had “facts” on my side.
    I suspect he allowed me to whither, on the vine, because I explained I had an attorney.

    I believe representatives from the “Attack the Mortgage” outfit, owned and operated by “Storm Bradford”, frequent this site and they do so in order to drum-up business.

    If so, it is a sick and treacherous type of deceit. If so, they are essentially sowing further confusion in order to pick the bones of those who are in desperate need of true information.

    Exhibit A is the site created by “Bob Hurt”: “LivingliesTruth”.
    I believe it is a deliberate misdirection to sow further confusion.
    Bob Hurt, in my opinion, is yet, another, personality disorder; megalomaniac and misanthrope of the highest order.

    Whether he may wish to question or disagree with Neil Garfield, is one thing… to intentionally mimic, and thereby misdirect latecomers and the unsophisticated into a sight, altogether unrelated to what Neil Garfield has managed to build (in my opinion, the one stumbling block along the path to the foreclosure abattoir the banks and their banker friends have deliberately designed, under any number of blatant frauds, and intentionally criminal, deceits), is something else entirely.

    In closing, the “Sovereign” Currency of the planet- the American Dollar- is under assault.

    Because this is true, I have come to the conclusion there are essentially two camps: one will continue the cover-up the deceit (central banking), in the mistaken belief the Dollar will survive if We abandon the rule of law and allow the criminals to skate…

    The other camp requires a level playing field if the Dollar is to survive. The people in that camp are victims to central banking fraud, misdirection and criminal deceit…

    People like US… People in foreclosures predicated upon fraud, while left vulnerable in the absence of the rule of law.

  35. @ Shadowcat,

    You wrote: “MK ….so what you are doing is praying for Greece while wishing the same for the US?”.

    RE-READ MY POSTINGS: I HAVE SAID REPEATEDLY THE DOLLAR WILL ONLY RETAIN VALUE IF THE CRIMINAL CONDUCT IS EXPOSED.

    MOREOVER, I HAVE ALSO SAID, REPEATEDLY: THE “FEDERAL RESERVE NOTES” ARE WORTHLESS AND A VIABLE ALTERNATIVE THAT PRESENTLY EXISTS IS THE “GREENBACK DOLLAR INVENTED BY ABRAHAM LINCOLN.”.

    If, by your question you are asking, “(Are you) wishing the same for the US?”, (and We The People should also expose and destroy the central bankers)?, …

    MY ANSWER IS, WITHOUT EQUIVOCATION, A RESOUNDING, ROBUST, REBELLIOUS “YES, YES… 682 TRILLION TIMES YES”!!!

    I admit: I think of your thought process as an unfortunate bug, drawn to the light of the bug zapper… the sequence that follows is then, that of the bug repeatedly banging away in incoherence in a desperate attempt to clear itself of its present incomprehensible predicament.

    In my experience, your posts are confusing, at best, while you also have a predilection for defending the likes of Rock, Christine, Bob G., Bob Hurt, Gene, etc.

    I suspect you are farming this site for Storm Bradford and the “Attack the mortgage” crowd.

    If so, you should drop all the mystery. It is annoying.

    In the latest “go-‘round” with the most recent of “Rock’s” phony identities, I postulated the derivatives are the true banker target. Rock… er… ehem… “Bob G., “wants me to believe they don’t have value, while, in the next breath, he admits they do have value.

    Moreover, he admits, in further support of my thesis, that, of the fraud, the, “… issuers are like bookies: they lay off some of their bets.”. (In a word: THIRD PARTY COLLATERAL TO THE DEAL, WITH THE ADDED CONTRIVANCE OF SPREADING THE IMPENDING DEATH KNELL OF THE BANKERS, QUITE LIBERALLY AMONGST THEMSELVES).

    In support of this deliberate misdirection, you wrote: “You are correct Bob!”.

    Correct about what? Which is it? Are they valuable, or worthless? Moreover, “Did the bankers sow the seeds of their own demise through a deliberate, intentional multitudinous number of frauds”?

    Don’t bother answering, I already know the true answer.

    “… Pull up your britches boy… “? “Play Nice Boys!” ?

    Madam? John Wayne?… or whatever you are? May I attribute your broken and run-on sentences to advanced age? Or, is it some semblance of your multiple personality disorder that manifests while you go about spouting nonsense?

    I asked you what you thought ‘Jade Helm’ is about after you questioned me as to its significance.

    Although paraphrasing somewhat: You told me President Obama is going to perform a palace coup and set himself up as dictator.
    ??? … Of what? Texas?

    If so, good. I hope he takes the Bush crowd and the drug cartel crowd in one, fell swoop.

  36. As the US Supreme Court said …the borrower doesn’t need to tender when they mail the rescission letter. How would you even know the exact amount to tender? No, you don’t have to tender at the time you mail the rescission letter.

    The rescission is a seperate action that happens as a unilateral act of the borrower …it does not need the cooperation or help of others, it does not need a judge or a court action because it happens by operation of law Once you mail the letter.

    The unwinding process only happens if the creditor complies in 20 days. The lender is responsible for triggering the unwinding. They can only trigger the unwinding by complying in 20 days.

    Someone here should write a template , the argument that we could present in our cases, that tells the court why they need to identify the true creditor or HIDC who can issue a satisfaction of Mortgage …and argue why it’s important to reveal everything from who funded the loan at its origination…and every transaction after ..why we need proof of the transactions when it was sold … This template is needed asap

  37. Issue is who is the true creditor who can enforce payment of the debt when contract rescinded- who is harmed ( i lost everything what did they lose the guy issuing that 1099a the servicer – it says THEY loaned the whole amount and then sold the home for fair market value ( and irs says bubkis – really)
    i say god knows only how many investors and god knows the overall economic harm to this nation but not because of anything the borrower breached or hishonored but because there was no contract ab initio it was never a meeting of minds and never an unslandered title to the real property

  38. Bob G.,
    I have been reading your post and I have to say that what you write is confusing. You tell us that you have joined 4 homeowners that sent in recession letters, the 20 days have passed and now want to know what people here are doing.

    Then you state that you do not see where in the statue after 20 days the party is over for the banks.

    Here is the easiest way to understand the 20 days and the tender issue.

    If a person goes into bankruptcy and files against their car, ( its a secured debt) and the creditor doesn’t file anything, the
    debt is discharged and you keep the car.

    As far as the tender issue, what everyone is missing is that after the creditor has complied with the 3 issues, return money, satisfy mortgage and return note, it is then the issue of tender comes in. But before the homeowner can tender the transaction has to be unwound, take it back to the beginning, show the chain of title, show the money! I say lets unwind it, show me the trail, they can’t.
    There is no way any of the banks can do this. In my opinion, if homeowners push this issue the banks will be more than willing to settle the issue of TILA.

    Besides everything else, the statue does not set a time frame for when the homeowner has to tender, but remember the creditor has to preform first.

  39. You should have offered tender…
    If you knew these turkeys were jerking..you around..you make arrangements to tender and conclude your business with them.

    That’s what reasonable people do!

    Tender is not a requirement. ….?
    Good Grief! !!!

    MK….so what you are doing is praying for Greece while wishing the same for the US?
    Pull your britches up boy your wish just may come true before you know what hits you.

    It’s not going to happen the way you think…
    buts it’s upon us.

  40. Re-install the “Greenback”.

    Pray for the Greeks.

    End the Fed.

    Jail Wall Street.

    Break up the banks.

    Return state-owned land banks as per the Founding Fathers.

    Execute People for counterfeiting- the Founders got that one right too.

    End money in politics.

    If you call yourself a donkey, or, you call yourself an elephant,
    Do Us all a favor and realize you are irrelevant.

    We, The People are bought and sold,
    While the game is fixed through banker tricks.

    And anyone with half a knows can tell just by the smelluvit

    Up! the Rebellion!

    Happy fourth!

  41. The answer is truly quite simple.

    Take the earning power from a private criminal cartel and turn it into the hands of We The People.

    Make the banking industry a “Public Utility” that enriches PUBLIC COFFERS-NOT PRIVATE POCKETS.

    Of course, the politicians will obfuscate and do what they can to continue concealing the fraud.

    So, We The People must force money out of politics.

    We The People should give the politicians one chance to explain, in detail, what they know about the central banking fraud and when they knew it.

    I will willingly undertake to garner those responses and I will do it free-of-charge.

    I think We all agree: no bank should get paid unless they can prove the debt; by extension: the central banks should be stripped of any promise of American debt because they took that debt through fraud.

  42. BoB G. has to eat those socks. The banksters have been scamming us for centuries.

  43. @ Louise,

    Also, if your excellent quote doesn’t show, in very plain detail, this type of scam has been tried, and, been successful, before, I will also eat your socks.

  44. Here is Yamamoto v. BNY – This is the case that was used against me to deny my rescission .. The judge cited this case and used it to say that my rescission letter never stated in it that I was offering tender back to the bank .

    Now we all know that’s a bunch of BS .. but he said it in his decision, he claimed that this Yamamoto case gave him the authority and the discretion to alter the procedure and make me tender first , but he was making me tender in my 2007 letter , which of course I didn’t do, and we all know that it is not required that we tender.

    But anyone who has time review this case in the link below, it is still being used by courts today to deny borrowers rescission. See if you find the mistakes and weaknesses in this Yamamoto v. BNY …
    I found a mistake in it, the court said that a TILA Rescission is not a unilateral action by the borrower .. But Justice Scalia said it is.

    http://caselaw.findlaw.com/us-9th-circuit/1047101.html

  45. @ Louise,

    The central banking scam is an English invention. That quote sums it up.

    The central banking scam was imported by England into the US in 1913 through the intentionally mislabeled “Federal Reserve Act”. The English secret agent was John Aldrich.

    To pay the creators of the fraud, the 16th amendment was created: also in 1913.

    The 16th amendment provides for income tax.

    It is 4th of July weekend.

    The Constitution is silent about taxing people on their personal wealth because the Founders never thought they should ever have to explain that is the main reason this country was created in the first place:

    To prevent a foreign phony Aristocracy from collecting taxes.

  46. @ Louise,

    The central banking game is up.

    I pray daily Greece will GREXIT.

    The stock market is manipulated and it is a farce. there is NO Volatility.

    The rate doesn’t change because when it does even the banking trolls will be vulnerable.

    The answer is an alternative currency.

    I have said it a million times: The “GreenBack”.

    I say let the bankers fail and good riddance.

    Art 1, Sect. 8, “Congress” can “coin money and regulate the value thereof”.

    Nowhere does it say, “foreign, private, criminal cartels can manipulate the American Electorate through their currency”.

    There are 12 regional Fed banks with the tie-breaking vote on policy given to the NY Fed.

    The Fed gets its shareholder pool from the usual, private-banking suspects: BOA, WF, HSBC, etc. Those entities pay into the Fed to own shares.

    Those shares are not available to the public.

    That makes the Fed a PRIVATE institution.

    The rate of return is guaranteed at 6%; where on earth does any investment “guarantee” that amount right now?

    I’ll tell ya, NOWHERE.

    Also, the Fed allows their member banks to participate in fractional reserve lending with “guaranteed” rates of return at 10-to-1.

    So… a mortgage of 100,000.00 underwritten by the privately-owned, criminal cartel, (described in Greece as the “Troika” with ties here to the intentionally mislabeled “Federal Reserve”), enables the bank that “originated” the loan to have access to an additional 900,000.00 in funds to repeat the process.

    THIS IS MONEY, CREATED, AS DEBT, OUT-OF-THIN-AIR, ON COMPUTER SCREENS!!!!!

    So, bankers create debt out-of-thin-air, and then We all get to go out and work ourselves to death so they can collect the very real dollars We must amass daily if We are to survive.

    This country was created to defeat this very same criminal, unconscionable scam.

    The criminal cartel hasn’t allowed any payments against principal of our nation’s debt since Andrew Jackson.

    The 16 Trillion Dollar “Deficit” speaks ONLY to the interest on the debt of the US… and We can’t keep pace with that anymore.

    Some mistakenly believe Bill Clinton “paid-down” our debt.
    Hogwash. He merely kept pace with the interest as it accrued further during his tenure as president.

    Plant more acorns. We are gonna need more trees.

  47. Shadowpussycat the only perversion is you and your friends who pervert the truth.

    NEVER AGAIN

  48. Michael, on the bright side Ocwen is trying to get out of the servicing business ASAP, so are other servicers. Do they see something we don’t see? The cash cow is starting to falter…

  49. Michael, I totally agree with you the scam has gotten completely out of control now and from what I am reading: both financial and spiritual, the financial S&*t is going to hit the fan in September. Do not leave large amounts of money in banks or pension funds. Take it out buy useful items down to earth items and silver and gold. Hang on, it is going to be a bumpy ride. Also, seen the light with regard to taking out the middle class. We have become too difficult to deal with.

    “On September 1st, 1894, we will not renew our loans under any consideration. On September 1st, we will demand our money. We will foreclose and become mortgagees in possession. We can take two-thirds of the farms west of the Mississippi as well, at our own price…Then the farmers will become tenants, as in England.” – 1891 American Bankers Association Memo, recorded as testimony in the Congressional Record, April 29th, 1913

  50. @ David B and A-Man,

    Oh and he also says, “It’s extremely rare when the underlying goes up and the options are in the money, and more options have been sold than can be satisfied by the quantity of the underlying (fraud).”.

    The Derivatives are based upon “naked Short Sales’ on the “underlying” asset.

    Those short sales are betting AGAINST borrowers paying their mortgage.

    Only 3 % of those in foreclosure even fight back.

    So what is this mess talking about?

    Again, NOBODY ANYWHERE IS REPORTING ON DERIVATIVES COLLECTED THUS FAR OR STILL OUTSTANDING.

    NOBODY

    OF COURSE, THIS IS BECAUSE THE CENTRAL BANKERS OWN THE CORPORATIONS, THE DTC AND DTCC WHOSE JOB IT IS TO DO THE REPORTING…

    I shouldn’t have to explain the difficulty of obtaining discovery to anyone on this website… so…

    Does anybody think the banks are disclosing how much they are clearing on short sales, based on foreclosures, based on fraud, based on zero paperwork, based on zero oversight, based on zero regulations, based on zero law enforcement?

  51. FYI. .
    The Big Guns are about to publish an article on this very subject.

    Expensive Kool-Aid!

  52. Neil.. you block those who disagree with you on TILA Rescission but you continue to let sex
    perverts post. Shame on You!

    I agree with tolling….
    I disagree with your TILA Rescission claims!
    I know. .you know the impossibly! !!!

  53. @ A-Man,

    LMAO, if that wasn’t Rock, or Gene or some other troll for the banks, I will eat your socks.

    He writes; “I worked for a $100+ billion public pension fund for 16 years.”.

    Oh. OK. And you are here calling the villagers “delusional” and “fools”?

    He must be bored with the repartee among his fellow titans at the local country club.

    I apologize to those among you I may have offended with the tenor of my response to this … whatever he is.

    But, enough already!

    If you are in foreclosure… trust me, it’s not your fault… it is by design and it is the most recent attack on the middle class of this country brought to you courtesy of central banking.

    Since, We are in foreclosure, I can only suggest We stop feeling guilty about it and get a grasp of the larger picture. This is a deliberate scam; whether it was cooked up in its entirety from the outset or the central bankers adjusted their frauds to meet the demands of the moment…

    Does it really matter?

    By his own response he explains the derivatives have value.

    Okay, my point is : those derivatives are valued at ten times the GDP of every country on the planet…

    So… what percentage does he place value on?

    8, or, 7, or, 6, or, 5, or, 4, or 3, or, 2 times the GDP of every country on the planet???

    Or maybe 1 time the GDP.

    Point is the banks are insolvent. People far smarter than me know at least as much as that.

  54. The “Back to the Future” thread where Rod Ciferri gives the arguments as to why the lender waives their rights to the remedies after 20 days, see the comments below the article … Rod Ciferri nailed it

    https://livinglies.wordpress.com/2015/04/29/back-to-the-future-rescission/

  55. BOB G/ OR IS IT BANK A,B,C,D,???
    A 2013 case .. but discusses a lot of our current issues
    http://www2.ca3.uscourts.gov/opinarch/114254p.pdf

  56. Michael Keene Rock and company are busy opening Kool Aid Stand Franchises across the country they dont have time for us anymore.

  57. I am sorry Bob G. I wish I could help you more.

  58. Bob G. hire an attorney, or maybe a tutor to explain it to you.

    NEVER AGAIN

  59. Equitable tolling in regards to TILA Rescission ?

    http://www.foreclosuredefenseresourcecenter.com/?s=TILA+RESCISSION+EQUITABLE+TOLLING

  60. Here’s a link that explains some of the arguments, but the lawyer on this link is wrong about his perception of the courts discretion to alter the process. This was probably written pre-Jesinoski and misses some of the important issues addressed by Justice Scalia .. but this does offer some good learning tools in general ….. see link below

    Following the 2003 Yamamoto decision (discussed below) the FRB added language to the commentary, (Section 226.23 of Regulation Z implements § 1635(b)). Which stated:

    1.When a consumer rescinds a transaction, the security interest giving rise to the right of rescission becomes void and the consumer shall not be liable for any amount, including any finance charge.
    2.Within 20 calendar days after receipt of a notice of rescission, the creditor shall return any money or property that has been given to anyone in connection with the transaction and shall take any action necessary to reflect the termination of the security interest.
    3.If the creditor has delivered any money or property, the consumer may retain possession until the creditor has met its obligation under paragraph (d)(2) of this section. When the creditor has complied with that paragraph, the consumer shall tender the money or property to the creditor….
    4.The procedures outlined in paragraphs (d)(2) and (3) of this section may be modified by court order.

    Note: This suggests section (1) above is NOT altered, and so when a consumer rescinds, “the security interest becomes void.” Unless the Court alters the procedure, the Courts have the discretion.

    Borrowers argument should be that after the 20 days expired, and the lender failed to file an action with a court of law, then it should be deemed that they waived their rights to the remedies.

    The lender cannot just send a letter back stating that they disagree with the rescission , they need to do something inside the 20 days by either complying with the process , or by filing an action in court such as a TRO.

    http://www.foreclosuredefenseresourcecenter.com/top-f-foreclosure-defense-strategies-in-california/truth-in-lending-rescission/

  61. @A Man et al. thanx for the pdf. I checked it out, but sorry, but i just don’t see how this is going to work. maybe it will, but i just don’t see it. and i don’t see where the lender has to file suit within 20 days. please show me in either the statute or reg z or in the bankster’s power point presentation, where the bankster has to sue within 20 days.

    if this were as easy as NG makes it out to be, the bank lobbyists would be all over Capitol Hill getting Congress to change the law. But to my knowledge, and to that of the Washington Post, The NY Times and Drudge, that hasn’t happened. so i can only conclude that neither the statute, the regs or the jesinoski decision is going to provide much relief for anyone who is trying to rescind more than 3 years after their loan closing. and all the stuff dwightnj talked about in his excellent post, is going to be extremely costly for a homeowner to litigate.

    Again, show me the wins and i’ll do a 180 on this issue in a heartbeat.

  62. @ A-Man

    You want my %0.02?

    Be careful who you speak with, you don’t want to be considered a “”fool’ or “delusional”…

    I wonder how “Rock” is doing?

    ROFL.

  63. Regarding destroying the Banks the Attorneys representing the Bankster used that as a defense in Jesonoski to know avail.

    NEVER AGAIN.

  64. Shadowdrypussycat please go to the vet or doctor. You cant consumate with a dry you know what.

  65. Read page 8 “Pros and Cons”
    Bob G. for somebody with such an impressive resume well……

    I am happy to help you.

    NEVER AGAIN

  66. By the way people across this Great Nation are recording the Notice of Rescission So I heard through the grapevine.

    NEVER AGAIN

  67. @A man…where is the actual power point presentation to be found?

  68. Certainly, there are those that would attempt to protect the current, wholly-fraudulent, central banking paradigm.

    There may even be those that would do so from a mistaken “notion” they are doing so, as patriots, predisposed to protect the “Sovereignty’ of the US Dollar… and, even possibly doing so in order to protect retirements and pension plans, etc.

    The bad news is: in the absence of the rule of law, the preservation of any given retirement, or pension system has already been compromised.

    The American Dollar, in the absence of the rule of law, has already been compromised.

    The ONLY recourse this country has to set itself straight is to prosecute the wrongs and expose the fraud.

    The answer lies in an intermediary currency: I suggest the “GreenBack’.
    The rest of the world has set itself against the central bankers, and, with good reason: they are a fraud.

    The Dollar will ONLY retain its position if the central bankers are brought to book… all else is wishful thinking.

    Destroying the bankers, destroys the bankers…

    The sky will not fall and neither will the Dollar, nor will the country, provided the TRUTH is told.

    This country is uniquely suited to defy Tyranny… I suggest We The People get on with it.

  69. Bob G. great propaganda. Look at Neils previous article you can find it.
    Banks seminar etc….. The banksters lawyers will answer all your questions. Go to the link.

    NEVER AGAIN

  70. @dwightnj

    very well written piece. thank you. but give me some guidance here…where exactly does it say in the law or the regs that the creditor must file suit within 20 days? i’m having a hard time with that.

    also, i am partnering with 4 different homeowners who have filed their rescission letters. the banks have all replied within the 20 days mandated, but have uniformly stated that the loan occurred prior to 3 years ago, so the borrower/homeowner is SOL.

    what are you doing as a next step in response to such bank letters?

  71. @ Bob G.,

    Better a “fool” than a coward.

    You wrote:

    It’s extremely rare when the underlying goes up and the options are in the money, and more options have been sold than can be satisfied by the quantity of the underlying (fraud). And although a lot of the deriv trading is unregulated by the govies, it is not unregulated by internal compliance officers.

    Your response lends value to the “Notional Derivatives”. So, if they are only worth a percentage of that value, what amount of 682 Trillion Dollars makes you so certain the banks are solvent?

    Don’t bother responding.

    THEY AREN’T.

    Moreover, the DTC and DTCC are supposed to be reporting which “percentage” of the “Quadrillion” the phony foreclosures are returning on the multitudinous frauds.

    At the risk of repeating myself, “the derivatives are not being reported”. They aren’t being reported by the DTC, the DTCC or anybody else for that matter.

    LOL…

    I guess that means We The People should get those figures from such robust reporting of the likes of you and your banker buds.

    Certainly, you are an “insider”, “I worked for a $100+ billion public pension fund for 16 years.”.

    Frankly, I never doubted it. That is probably the very reason why you are predisposed to continue along in the deceit, “I know the subject matter and you, sir, do not.”.

    The facts speak for themselves even as your dialogue is consistent with “cowardice and mercenary”.

    Insofar as “jaundiced”: I have no doubt, as an industry insider over the last 16 years, you and your banker playmates are intent upon a continued cover-up.

    Oh, yeah, and I should probably take your word for it that the derivatives are worthless… because they are…

    ONLY IF THE “FRAUD” IS SHOWN THE LIGHT OF DAY.

    Oh and thank God for those “internal compliance officers”. I am certain they can be trusted also.

    Tell your stories walking…

    In the meantime, multiple parties placed multiple “Bets” on the underlying asset (People’s homes) in the absence of true ownership of the underlying debt.

    At the risk again, of repeating myself:

    “SECURED BORROWING BY A BANK, USING THIRD PARTY COLLATERAL IS ILLEGAL”.

    Of that, there is NO DOUBT. I have it from PERSONAL EXPERIENCE.

    In the meantime, keep denying a Populist reckoning is near at hand and keep attempting to muddy the waters…

    The Beginning…

  72. Bob G. … For you to be able to understand TILA Rescission, you first have to be able to understand and acknowledge predatory lending, basic principles of contract law, what constitutes a consummation, TILA requirements for full disclosures of who the actual creditor is who is funding the loan, etc. , etc.

    For TILA Rescission to make sense, you also have to understand that it was created as a “consumers protection” statutory remedy, that could be used by borrowers to end the relationship with this lender, and then go find a new lender to refinance their home with. This was never about borrowers losing their homes, it was just the opposite. That they should retain their homes by being able to refinance with a new bank.

    Once the new refinance is complete, they would then have the ability to tender back the balance due to the first lender who was rescinded.

    The Statute is constructed in a way that the remedy is built into the steps of the process. The remedy for the lender to receive back the money that is due to them is triggered by their compliance with the first step of that process, which mandates that the creditor act within 20 days by removing the security lien, and returning all payments made.

    Once they comply with that first step within 20 days, it triggers the rest of the remedies. So now they have complied and done their part, and they now are entitled to the tender from the borrower. If the borrower has equity in the home, say it’s now worth 300,000 but only owes back 250,000 to the creditor ..the borrower can refinance with a new bank for 250,000 and thus create the funds to tender back. He ends up with the house, he has used the TILA Rescission statute, he has received his payments from the creditor, he has fulfilled his obligations of tendering back the 250,000 to the creditor ..and the unwinding process is now complete .

    Remember .. the Rescission and the Unwinding process are two different things.

    Rescission is completed by mailing of your rescission letter. This is what Justice Scalia confirmed in the decision. It has nothing to do with right or wrong, or disputes, or tender .. it is complete by mailing.

    The Unwinding process is the built-in remedy, it only gets triggered when the creditor acts within the 20 days described in the statute.

    The unwinding process was written by congress as a way for the borrower to be able to keep their home by ending the contract and going out to refinance with a different lender (or to sell their home and tender after the sale) .. but the intent of congress in TILA was not to harm borrowers ..because TILA was created as a protection for borrowers.

    The “creditor” can choose to object and oppose the Rescission. They must act quickly and bring a legal action challenging the Rescission, and it must be done inside the 20 day window ..otherwise they are to be deemed time-barred. All homeowners know all too well about being time-barred, it happened everyday in courts around the country. The homeowners have lost homes by missing time windows to appeal certain issues, nobody cries any tears for them. When the law says you have 20 days to act, that’s what we must go by.

    So the Rescission is complete by mailing. Done.

    The unwinding process is only triggered by the “creditor” acting in some way within the 20 day time frame.

    They may not agree to release the security instrument and return the payments to the borrower, that’s fine as long as they take steps to file a court action within 20 days seeking a TRO or some legal action to prove they are the true party in interest as “creditor” without being able to rely on the note and mortgage only, they need to establish their legal standing by showing proof of how they own the debt, through some type of proof of receipts of transactions, etc.

    The other hurdle they must overcome is the issue of consummation. Somebody challenging or opposing the Rescission needs to be ready to prove the entire loan from origination. This means that they need to be able to prove that a legal, valid loan took place as closing. They need to establish that the “Consummation” happened, and on what date it happened, and by what proof it has to support consummation.

    The reason “Consummation” is so important and relevant, is because the statute itself is based on the “consummation” , it triggers all of the other time-frames for borrowers to act. It is the legal starting point that commences the tolling of the clock.

    Without the servicer who opposes your rescission being able to prove these two vital facts , they are stuck …
    These 2 vital points are :

    1) Standing as “creditor”. Prove they are the true creditor or holder in due course, who has the authority and ability to release the mortgage lien, which is a mandate of the TILA Rescission unwinding process. If they don’t have the true authority and ability to release the mortgage lien and return the note, and to open the books that reveal where all payments went during the entire history of the loan , then they don’t have legal standing to be in court opposing the borrowers rescission.

    2) Prove how and when the actual “consummation” occurred. The creditor who opposes the rescission must be able to prove up the origination of the loan because everything hinges on the true date of the consummation. The entire TILA Rescission statute relies on somebody being able to establish with proof, of when consummation actually occurred.

    Those are the two hurdles that the creditor must over-come just to get inside the court room if they want to challenge the rescission. And they must start this opposition within the 20 day window for compliance.

    Regardless of this going on ..the actual rescission was completed. it was completed by simply mailing the letter.

    For the creditor to prevail, it would need to act within the 20 days, and it would need to establish the two vital points mentioned above, their standing as Creditor, and prove that a valid contract was truly consummated , at the start of the litigation. If they were to clear these two hurdles, then the judge would have jurisdiction because it was started and filed inside the 20 day window. Even if the creditor does prevail in the litigation, it still does not mean the borrower loses their home. It only means the court can now be involved in the process. The court may grant the borrower time to sell their home so that they can take advantage of their equity and then be able to tender back from the sale proceeds. But keep in mind the rescission was complete upon mailing of the letter. The only way to reverse a completed rescission is for a court to somehow “undo the completed rescission”, it would take a separate act to undo something that was already completed. But a court and creditor cannot simply say they are “ignoring” that you rescinded and that they “don’t recognize or acknowledge” it .. They cannot say that because it is valid and it already happened according to the unanimous United States Supreme Court in Jesinoski.

    The main argument being made by borrowers is that once they mail the rescission letter, and it is ignored by the servicer or lender, and the 20 day time window tolls and expires .. then the creditor has lost their right to trigger the remedies available in the statute. Those remedies were built as a quick moving process that would allow borrowers to go seek a new bank to refinance with , or to work out an agreement that would allow them time to sell their home and tender back after the sale.
    The issue of giving their home to the bank was not the goal of the congress when they wrote the statute.

    It was a protection for borrowers, giving them the ability to get away from a bad lender ..keep their home .. and refinance with somebody else.

  73. Play Nice Boys!
    You are correct Bob!

    Focus on what you do agree on……
    Fraud …. And Conversion .

  74. @michael keene

    Can’t afford to spend too much time on a rebuttal, but let me set you straight on the derivative thing.

    It doesn’t matter what the notional value of the world’s derivitive portfolio is. most derivs are merely options, and most options expire worthless. they are zero sum games. also, deriv issuers are like bookies: they lay off some of their bets. so, for example, let’s say that i buy $1 million of derivs. the notional value is now $1 million. but i don’t want to take all that risk, so i lay off $900K. now the notional value is $1.9mm. the guy that bought the $900k from me also lays off 90% of his position, or $810K. So now the value is $2.710 mm. And so on. Get it?

    It’s extremely rare when the underlying goes up and the options are in the money, and more options have been sold than can be satisfied by the quantity of the underlying (fraud). And although a lot of the deriv trading is unregulated by the govies, it is not unregulated by internal compliance officers.

    Don’t try to argue about that which you do not know. Makes you look like a fool, and diminishes your other arguments that might really have merit and about which you might really know something.

    I worked for a $100+ billion public pension fund for 16 years. I know the subject matter and you, sir, do not.

    The End

  75. @ Bob G.,
    You wrote:

    “Also, are you folks so deluded or naive to think that a unanimous SCOTUS intended to tank a multi-trillion dollar industry with the Jesinoski decision?”

    I urge you to Google “Quadrillion”. The “multi-trillion dollar industry” has already “tank(ed)” itself. You want some “honesty”? YOU CAN START RIGHT THERE.

    682 Trillion Dollars is ten times the GDP of every country on the planet and it is a representation of international, central banker indebted-ness if the multitudinous criminal behaviors of the banks are ignored and FORECLOSURES-PREDICATED-UPON-FRAUD ARE ALLOWED TO GO FORWARD.

    To suggest this criminal behavior will continue unchecked is “delusional”. To suggest “derivatives gambling” in excess of ten times the collective GDP of every country on the planet hasn’t rendered these mutts insolvent is a FARCE!!!

    In my own, personal experience, my wife and I placed two of our homes in foreclosure on purpose in order to expose we had been the victims of predatory lending.

    As part of a larger scheme to defraud two banks and an insurance company, on a house that was likely burned for the insurance, we were targeted by a fraud of “bait-and-switch”. Our own lawyer was part of the conspiracy.

    I call it a conspiracy because I can prove it- he died. His file and all the evidence he concealed is now in my possession.

    On our other house, Bank Of America placed US in foreclosure while WE were current on our loan. I managed to keep a journal and a number of letterheads that prove, definitively, BOA was dual tracking US.

    BOA was also using a “bridge loan” that I kept copies of and they subsequently lost three times after WE signed it, to mis-state our indebted-ness.

    In other words, they gave US a loan, WE signed it, they lost it three times and then attempted to say it never happened.

    How nice for you to have such a superior and, at the same time, jaundiced tone… or, perhaps you are better described as “mercenary”?
    Whatever the case, some of US realize We have been abused and WE are here because the courts and the lawyers are resistant to ANY DISCOVERY OF WHAT REALLY IS GOING ON.

    When the pension plans were targeted by the central bankers, it was a deliberate attack on the Sovereignty of the untied States.

    HSBC Bank is using American Mortgages to launder drug and terrorist cartel money as possibly a BEST EXAMPLE OF THE BEHAVIOR YOU ARE WILLING TO TOLERATE.

    The “trusts” are empty and, they took the pension plans with them.
    Certainly your latest post shows you are no stranger to cowardice. After all, you show that you are okay with, “…the banksters, the servicers and their lawyers are pretty much engaged in a criminal operation with these foreclosures.”.

    As such, I can fairly say the only thing you are prepared to show on the battle line is you’re a@@… and, I’m ok with that. In fact, keep running.
    Some of US will stay here and fight ‘til I have their scalp in my fist.

    When a derivative is created, the “GO-BETWEEN” collects from both sides of the deal… they take a percentage of “margin”.

    SIMPLY PUT: THIS MEANS MORTGAGES WERE USED AS A TRANSACTION GIVEN TO “CONVERSION FRAUD”.

    The “GO-BETWEEN” is a third party to the deal!!!! That is ILLEGAL!!!!
    The bank sold their credit to this “third-party dealer”. THAT IS ILLEGAL!!!!

    “SECURED BORROWING BY A BANK, USING THIRD PARTY COLLATERAL IS ILLEGAL!!!!

    Keep running “BOB”. NOBODY NEEDS YOU ‘ROUND HERE ANYWAY. THIS SIGHT IS FOR WARRIORS.

  76. TU..
    I refused to pay the fees/unearned interest also.
    How was it possible for me (a non borrower)
    to have a mortgage in the sum of principal and interest? Total of all payments?

    How is it possible for Our servicer to sell servicing rights 30 years in advance?

    It’s the Fees Boss! It’s the Fees.
    FEE Simple!
    NO Early payoff penalties!

    It’s the TITLE Stupid! Wild Deeds!

  77. Is this how they seasoned the loans?
    Contract for Deed?

  78. Equity… check!
    Current.. check!

    Enforce the Contract. .. check!
    Rescission. .. Nope!

    I am not a borrower. .
    I am not named on the Trust Deed.
    There is no Trustee Agreement.
    The Warranty Deed issued by sellers estate to myself and my husband…MIA…
    The Warranty Deed we issued to CAC/BRK..
    is MIA.
    The mortgage is an encumbrance..not a lien.

    I warranted the Title!
    I am obligated to defend it.
    It’s a good thing the sellers had no mortgage.

  79. Where does the statute or reg say that the mortgage and note are void upon the mailing of a rescission notice to the bankster, and that you get all your P&I payments back and don’t have to tender anything back to the bank? Call me dense, but I don’t see it. And I for one would like to see a post 3 year win based on the arguments that NG is advancing here. Not saying that he’s not right, but I just don’t see it.

    Also, are you folks so deluded or naive to think that a unanimous SCOTUS intended to tank a multi-trillion dollar industry with the Jesinoski decision? If so, I would have liked to have sold you a bridge that I own in Brooklyn, but it is presently under contract. (I do, however, still have a tower in Paris and a canyon in Arizona available.)

    Moving right along, let’s all agree that the banksters, the servicers and their lawyers are pretty much engaged in a criminal operation with these foreclosures. So everyone here is entitled to fight fire with fire. But let’s be honest here as well.

    If you weren’t in default or in foreclosure, and you had positive equity in your house, would you want to rescind? If the foregoing conditions were present, and the bank wrote to you and said that the bank was initiating the rescission, because the bank had violated TILA six years ago when you closed on your loan, what would your response be? Would you say “Oh, okay bankster, if you violated TILA six years ago, i guess i’ll have to give you my house or tender back to you the amount of the mortgage loan, net of my payments, and you can cancel my note and mortgage.”

    I think not. Nor do I think that you would give up the house for the note and mortgage even if they violated TILA within the past three years, or if they admitted that the trust wasn’t really funded or that there was a shadow lender in the wings that you didn’t know about. Not if you had equity in the house, not in default/foreclosure, and could afford the monthly PITI payments.

    It would be refreshing to see some honesty amongst the posters here, and less hypocrisy. Because all the players in this foreclosure game–banksters, servicers, lawyers and homeowners–are all trying to out-hustle each other if and when they get the chance. That’s why you’re here, isn’t it? To try and figure out a way to beat the bank. If you’re here for any other reason, you’re really not being honest with yourself. Unless of course you’re into the misery loves company thing and pity parties, then this is purely therapeutic for you.

    Just my $0.02.

  80. Contact for Deed

    Trustee Deed
    Trustee Agreement

    Warranty Deed for purchase loan….
    then and only then can you grant a lien to a creditor.

    OR deposit via your own WD..irrevocable into Trust with the title to your Estate.

    What comes 1st the chicken or the egg?

  81. Under common law rescission misrepresentation and fraud linger endlessly.

    OR YOU COULD ENFORCE THE CONTRACT.
    BUT 1ST you must have something to give..
    before you receive.

    Right!

    Everyone is going to court.

  82. TU… We shall not stop filing complaints until they stop what they do.

    If the loan has not been Consumated …
    Wouldn’t that be a breech of contract?

    Perhaps they need to record things?
    Like the deeds for starters.

    There is no Exit from MERS….
    NO EXIT!

    Enforce the Contract!

    TILA Rescission does not start to run until there has been consummation.
    Even then…. ???

  83. TU… We shall not stop filing complaints until they stop what they do.

    If the loan has not been Consumated …
    Wouldn’t that be a breech of contract?

    Perhaps they need to record things?
    Like the deeds for starters.

    There is no Exit from MERS….
    NO EXIT!

    Enforce the Contract!

    TILA Rescission does not start to run until there has been consummation.

  84. General comment.
    Not to anyone specific.

    One can rescinded a contract that is NOT consummated.

    A woman applied for food stamps and cash assistance from the government.

    To get cash assistance she had to give additional information, including given the government power of attorney to go after back child support.

    She rescinded her signature within three days.

    She got a job a month later.

    You can rescind.
    Her rescission stated she had not provided the items needed to receive the cash, AND they gave her no cash, so the contract was not consummated.

    Again,
    Research is best.
    Typos do happen.
    People try to say you can rescind and a typo may make it appear they said you can’t.

    If anyone, in general – not specific, would re read the info about the guy who worked for the FDIC who quit his job to fight for his home.

    He was rejected by the courts and never giving up he was going to rescind because he said it is his belief the contracts are never consummated.

    Anyone doing research knows the contract can only be consummated between the borrower and the creditor.

    To many think any business with a name is the creditor.

    Some miss the meat and only see the bones.

    Trespass Unwantwd, Creator, Corporeal, Life

  85. Trespass did not know anything.

    Trespass does not ridicule anyone.

    I apologize if you or anyone thought my post was ridicule and/ or specific to anyone/ or targeting anyone who has been robbed, in general

    I tried to post to get people, in general, to think and do something not taught; but available any way.

    It appears I got some to think; I get off, by bringing people down.

    I don’t do that, and only people can think that. Since I don’t control thoughts, I will leave people to their created thoughts.
    We have the power to create.
    Thoughts are the beginning of creating the change we seek in our lives.

    If people can detach their emotions from the post I made the other day; you’ll see it was specific with questions to consider and then general about what I read here that people do without realizing they are the reason they are experiencing what they experience.

    I respect you DwightNJ.
    We are equal.
    Equal has no power over equal unless by contract or vesture you give me power over you.

    I rescinded and was robbed anyway.

    Most here know I am without the property and am still in a new CFPB complaint 5 years later.

    The only thing I have left is my power to expose the people publically in complaint.

    I complained then and still complain now.

    I live in an apt. 5 years after being robbed of property I did afford and by bookkeeping entry it was paid in full never late

    Yet some new pretender wanted more interest (money neither loaned nor created by signature) and I would not pay them as I did not owe them.

    I rescinded and they claimed to have accelerated the note that didn’t belong to them but a note they were aware of anyway.

    I didn’t stop learning just because someone robbed me.

    I learned because I wanted to help others before they were robbed.

    I know where the loked doors are and I read people still go knock there, when the door opens the people are still pilfered of their property, but for a fee.

    I know nothing.

    I am nobody to be degrading any body.

    I have no ego or pride and do not kick people when they are down.

    At the same time.

    How much progress will people make if they think someone expressing what is NOT being done is targeted them, specifically?

    What I wish.

    I wish I had not asked you the questions.

    How I phrased them, seems to have made you STOP.

    My intent was to make you see something so you would GO.

    Apologies again.

    Trespass Unwanted, Creator, Corporeal, Life

  86. I am going to court arguing this point on the 7th of July, 2015.
    I will report on the outcome.

  87. Now, you need the Satisfaction of Mortgage filed at the Reg. of Deeds or at the county level office for real property and the alleged Note with Paid in Full stamped across it.

  88. Attorneys know things… Like SOL.
    But honest ones do not take your money to defend agsinst a false claim…..knowing you will or already lost it due to servicers advances.
    Attorneys know you abandoned a claim you didn’t know you had.

    You can Not rescind something that has not been consummated.
    Wild Horses…Wild Men…Wild Deeds
    Good Deeds…Pass them On.

  89. Anyone have a template that’s good to work with ????

  90. 3 days from consummation for any reason.
    3 years from consummation for TILA violations.
    Closing of Escrow

    In Breach of Contract
    Attack the Contract
    Enforce the Contract

    I know nothing…

  91. louise I sent and they didnt respond within 20 days. Game over

  92. A Man, Good thinking. The law was ruled on by the Supreme Court with written entry by Scalia on or about January 13, 2015. So, as you say, the law was not being applied correctly, and under the doctrine of everything but the kitchen sink, send it in.

  93. please all, LET here what neil, is saying.

    1/ just send in the rescission, no matter how long it’s been.

    2/ it has no barring how long ago , get it.

    3/ just save receipt when sent the original.

    4/ next is simple, wait the 20 days, by operation of law. that is were people are getting confused. the mortgage and note. is void. period.
    so anyone that was foreclosed on after sending the rescission letter, needs to go to court, for the violation of the law, tila. because the court allowed someone to foreclose on a mortgage and note that was voided . BY OPERATION OF LAW. and i would sue the court system and judge that allowed this to happen. and i will do that if he try to do that on mine case.

    5/ now the case and point is this. they have 20 days to DEFEND IT.
    FILE IN COURT THAT THEY DISPUTE THE RESCISSION, AND THIS IS WHY. CORRECTED, 20 DAY FROM RECEIPT /SIGN FOR YOUR LETTER OF RESCISSION. AND TO THIS DATE NO BANK HAS EVER, AGAIN EVER COMPLIED TO THE LAW, IN THAT THEY FILE SUIT. OK .. OK.

    6/ NOW YOU GO TO COURT. to have your rescission enforced. not AGUE WITH ANYONE or the court. BECAUSE the banks cant say anything about something they don’t own. the mortgage is void, note void. they cant bring up anything about the loan DOCUMENTATION,
    NOTHING PEOPLE. and this is exactly how i will do it in court. the judge can not ask anything except , what is owed back to you, and ORDER THE BANK TO COMPLY TO THE RESCISSION, BECAUSE OF THE BANKS IN ACTIONS ON FILLING SUIT TO DISPUTE THE RESCISSION. THEY HAVE IN FACT SAID TO COURT WE AGREE WITH THE RESCISSION. GET IT.

    7/ the bank cant prove to court that you receive any paperwork, even if judge ask me , didnt you sign this in 2005, yes i did sign something your honor. but he cant ask that question either. so i would not say anything except that i dont remember. what was sign or not sign sign. again i would say , we are here for the enforcement of the rescission, thats all we are here for. and the bank can say anything it wants to, THE LAW IS ON OUR SIDE , WITH THE US SUPREME COURT .

    WHEN HE SAID . YOU CANT CHANGE WHAT THE STATUE SAYS, AND IT MEANS WHAT IT SAYS. PERIOD. the court gave the other court a way out, that is as simple as it gets. now the judges can say to banks sorry. you lose now, that the supreme court say bad bad judges, stop interpenetration the law the way you think it should be interpenetrated. . the judge should say to bank that go’s to court or show’s up to court, why you here. you didnt follow the law, and you may say nothing while we look at what you owe, the borrower.

    so sit there.

    it so simple people. to simple that everyone is trying to say it cant be that simple. sorry. it is that simple.

    i will let you all know once i file. it should be with in a month.

  94. @johngault,

    Anyway, I am a dummy. I just realized, “Your (my) comment is awaiting moderation.”.

    If I could figure out computers I could be somebody someday.

  95. The 3 years should start Jan 13, 2015 across the board. Until then because these inefficient Judges decided to rule from the bench (a form of Anarchy to be nice) It is a Moot issue if we sent the letter or not before Jan 13th because the law was not being applied correctly.

    But they will not answer before the 20 days anyways so who cares?

    I am not an attorney.

    NEVER AGAIN

  96. Modifications only 2 years old qualify ????

  97. Neil,
    This great that you are sticking to your guns on TILA. The one thing that remains unanswered is, What if the Notice is sent after a summary Judgment? There is nothing in TILA Statues that address this issue. You had a post awhile back, where you stated” A judgment MIGHT have to be vacated in order to make the rescission effective.”
    Please address this.

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