Rescission and Wrongful Foreclosure Tonight on the Neil Garfield Show.

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So those of you who have followed me since 2007 know that I have said two things repeatedly and that most of my esteemed colleagues said I was on the fringe of legal theory and basically not credible. The two things that I always harped on was that rescission levels the playing field and that there is a lot of money in bringing wrongful foreclosure actions. Lawyers have been missing the opportunity of a life time for over a decade.
Thousands of Judges in hundreds of thousands of decisions all refused relief to homeowners who were playing by the rules and found for the banks who never played by the rules and never intended to play by the rules. Another thing I always said was that all the cases involved the issue standing — having an injured party bringing the foreclosure process and that there were no parties with standing who were bringing the foreclosure hammer down on innocent homeowners to the detriment of innocent investors.
Despite all those decisions — the greater weight of decisions across the country, I read, reviewed and rejected all of the naysayers. I stuck to my guns despite having periods where I wondered if it mattered what I said. And now, after enduring 8 years of attacks, I feel like it was worth it because the tables are turning.
For our inspection are the Paatalo and Wolf cases respectively. In one case Paatalo, a private investigator and forensic analyst brought the issue of TILA rescission front and center. And in the Wolf case the court awarded over $5 million in damages, following another ruling in another state against Deutsch for foreclosing on a loan that did not exist. Yes that’s right, the homeowners had paid cash and never took out any loan. Deutsch not only brought the action they ignored service requirements and sold the property without any notice to the homeowners. Now Deutsch and Ocwen are paying them $2 million, a large part of which is punitive damages. Why? because it was no mistake.

13 Responses

  1. https://livinglies.wordpress.com/2011/05/23/who-is-the-borrower/
    EDITOR’S ANALYSIS: The passage below contains very valuable information. I want to focus on one simple fact — the “borrower” is not defined as some homeowner applying for a loan. The “borrower” is some sham entity that has been created by the investment bank, to create the appearance of a warehouse line of credit for funding mortgages. It’s another layer to support plausible deniability. The borrower in the transaction with investor-lender is not identified in the documents as the homeowner. The creditor in the transaction described in the documents given to the homeowner to sign is not the investor-lender, nor even the pool, nor for that matter the “warehouse lender.” This was done intentionally to throw the sheer certainty of loss onto the investors and to grab the revenue, profits and fees for the banks, while at the same time declaring that it was all the fault of homeowners who defaulted on their loans. By avoiding basic rules of evidence, these banks are taking assets that should be used for restitution to the investors and the homeowners and keeping it for themselves…. (continued on linked article)

  2. Under Common Law Fraud and just plain common sense , there is no
    Legal basis for allowing a perpetrator of a fraud to keep the benefits.

  3. Who is the Borrower?
    May 2011.
    Click the link Greg posted and see Related Articles.

  4. Neil’s Right!

  5. another BLAST FROM THE PAST of Living Lies…

    You never borrowed anything! You loaned it!
    Article – Borrower is actually entering into an undisclosed investment contract, not a loan

    https://livinglies.wordpress.com/2011/03/31/borrower-is-actually-entering-into-an-undisclosed-investment-contract-not-a-loan/

    A great letter from Paralegal John Korman and commentary by Law Professor Neil Garfield bringing forth evidence and explanation regarding the mortgage fraud and why, if you get your act together and file your claims properly by rescinding your signature on the mortgage, you do not – DO NOT- owe anything on the mortgage and the banks owe you a full refund and the bankers need to be charged with crimes! You can only lose your house if you go into court without having filed the proper documents first. Court is where they get you to agree to a new contract – on the spot – to give them your house. So start the paper trail and get things filed

    AND

    File your Warranty Deed(or Grant Deed) Acceptance N O W and put them all out to pasture!

    Excerpt –

    Thus the intent of the investor to lend money for residential mortgages, and the intent of the homeowner, to get a loan for his home, was never accomplished and was effectively thwarted by the attempt to cover tracks by refusing to document the trail of the money. The actual documents offered in foreclosures document a fictitious trail — one in which no money ever changed hands.

    The homeowner, without consent or knowledge, was converted from a borrower to a securities issuer and the investor was converted from being a part owner in a valid REMIC pool to being the alleged buyer of the security issued by the homeowner. Hence the right of rescission and damages arises not only from TILA but from the SEC rules and regulations. And the time for filing doesn’t start to run until the parties had enough information to either know or where they should have known of the fraud.

  6. In doing the PPM securities holders who are the REGISTRATIONS SECURITIES ISSUERS were allowed to construct a New York indenture holding fractional shares of the ESTATE transferred and conveyed irrevocably into Trust.

    Therefore Plaintiff alledges facts establishing a basis for a claim for facts constituting ground for RESCISSION of the underlying transaction making Instrument VOIDABLE and for Exemplary damages.

    Cause of Action for Executors Contracts, Contracts of Adhesion and all other agreements in perpetuities.

    Release of lien and/or reconveyance
    In the event the defendant fails to surrender the title for cancellation purseunt to Judgment the sum of …..
    Exemplary & Punitive damages in the sum of……

    ——————————————————-

    Lien Released and reconveyance on its way!
    TURKEYS!!!!!!

  7. Plaintiff alleges the following facts casual to making promissory note “INSTRUMENT”Void or Voidable against the Plaintiff as follows.

    Whereby the contract is back dated under an illicit and illegal RReverse Purchase and sale scheme. Whereby the contract was later charged off to a 2008 loss and written off the CREDITORS BOOKS.
    Whereby the 2007 contract was not one in the same as what was sold at the time of origination, and whereby the timing and dates set forth from origination and up to the time off the chargeoff include reconstitution and the subsequent 24 months from the time of the charges taken by Creditors debt collectors ..Are Required recognition purposes under GAAP FAS 140 and SFAS 140-3.

  8. Lauren
    Quoting jesinoski
    ” because that is all a borrower must do”
    Burden switches at that point

  9. Neil, Thank You for your Visit to Garfield’s Goose & Friends tonight.
    You made a statement about rescission cases over a 12 months old….
    Is that because of their failure to prosecute under the SOL?

  10. NEIL: CAN YOU PLEASE COVER THE FACT THAT HOMEOWNERS WHO SEND IN A NOTICE OF RIGHT TO CANCEL WHEN THE LOAN WAS A SECOND HOME -I.E. DIDNT QUALIFY FOR TILA…PER TILA BUT I SENT IN ANYWAY WHEN WE LEARNED OF FRAUD ???
    I AM ABOUT TO FILE AN INTERLOCUTORY APPEAL BY RIGHT (SUPREME CT RULE 307) POSITING ONE QUESTION TO MY APPELLATE COURT: WHETHER THE BANK MUST FILE A DECLARATORY JUDGMENT IF THE LOAN DID NOT QUALIFY FOR TILA?

  11. Its been tough getting a Trustee Agreement with the Deceased.
    And 4 years is to long to get fraudulent claims removed from title!!!!
    And Heck No I don’t accept another slandering fraud on title … To cover up the previous ones ….THE MAGICAL MERS ALL IN ONE…..

    Quiet Time

  12. CASH BUYERS BEWARE!!!
    No Warranty for the Quantity or Quality of Title.

    No Title Insurance … No Loan
    Option 2 .. Cash for a title I Warranted in a Conveyance.,,
    But you wont find my name on the Trust Deed or the Loan.

    Talk about ass backwards?
    Oops!

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