Patricia Rodriguez Tonite! What Happens After a Mortgage Loan is Rescinded? Tonight on the Neil Garfield Show 6pm EST

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 In addition to simply exercising rights under the law of the land, homeowners who send and record rescissions are in actuality attacking standing through another door to the courtroom. Because in the end, the only party who can dispute a rescission is a creditor who actually owns the debt because the debt is owed to that creditor.
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AND because of the rules of procedure set forth in TILA rescission, NOBODY can challenge or dispute a rescission unless and until a real creditor steps forward within the 20 day window of opportunity to dispute the rescission.
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Sending a letter telling the homeowner his rescission is no good just seals the doom of the servicer and all the other players in the false game of nonexistent securitization. But the letter DOES establish that the group of companies calling themselves “the Lender” actually received it. Filing a motion or memorandum disputing the homeowners motion to dismiss won’t cut it either if the same parties who started the foreclosure try to do it because there is no more note or mortgage.
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But in all events, as the Supreme Court has stated, all rescissions are effective when sent whether they are disputed or not. Raising the issue of a statute of limitations is a dispute. The three years runs from the date of consummation.
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Who is to say whether the transaction was EVER consummated and if so, when? That is a factual issue that can ONLY be raised in a legal dispute. AND the legal dispute can only be raised by filing a lawsuit seeking to vacate the rescission. The lawsuit can only be filed by a party with standing — and standing to dispute a rescission can ONLY come from the real creditor. Nobody can use the note and mortgage for anything, least of all standing, because there is no more note and mortgage. They are void because of rescission.
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So what happens after rescission is sent? Do the heavens open up and rain money on borrowers. Not so fast.
Rodriguez Law Group, Inc.,
1961 West Huntington Drive | Suite 201 
Alhambra, CA 91801
phone: 
(626) 888-5206

24 Responses

  1. Patricia Rodriguez committed Foreclosure Fraud!
    I hired the Patricia Rodriguez law firm 24 hours prior to a the sale of my property. The Rodriguez Law Firm promised to help me save my home from the foreclosure sale. I paid a set monthly payment for several months in exchange the law firm’s verbal promises to help save our home. The Rodriguez Law firm filed poorly constructed complaints to the Los Angeles Superior Courts and offered no real help or relief from the foreclosure of our property. I have asked many times for my money back, I have been told they were paid fairly for work completed. The Patricia Rodriguez Law Firm stole my money and did absolutely nothing to help our family save our home. We hired another attorney who was able to help us in the end. The Patricia Rodriguez Law Offices stole over $16,750 from me and my children.

  2. (47) “Instrument” means a negotiable instrument or any other writing that evidences a right to the payment of a monetary obligation, is not itself a security agreement or lease, and is of a type that in ordinary course of business is transferred by delivery with any necessary indorsement or assignment. The term does not include (i) investment property, (ii) letters of credit, or (iii) writings that evidence a right to payment arising out of the use of a credit or charge card or information contained on or for use with the card.

    (50) “Jurisdiction of organization”, with respect to a registered organization, means the jurisdiction under whose law the organization is formed or organized.
    (71) “Registered organization” means an organization organized solely under the law of a single State or the United States by the filing of a public organic record with, the issuance of a public organic record by, or the enactment of legislation by the State or the United States. The term includes a business trust that is formed or organized under the law of a single State if a statute of the State governing business trusts requires that the business trust’s organic record be filed with the State.
    (68) “Public organic record” means a record that is available to the public for inspection and is:
    (A) a record consisting of the record initially filed with or issued by a State or the United States to form or organize an organization and any record filed with or issued by the State or the United States which amends or restates the initial record;
    (B) an organic record of a business trust consisting of the record initially filed with a State and any record filed with the State which amends or restates the initial record, if a statute of the State governing business trusts requires that the record be filed with the State; or
    (C) a record consisting of legislation enacted by the legislature of a State or the Congress of the United States which forms or organizes an organization, any record amending the legislation, and any record filed with or issued by the State or the United States which amends or restates the name of the organization.

  3. Indeed, due diligence, as in, cause to know should know and did know Neidermeyer
    Onward.

  4. Al Murray ,

    I too have a “Joel Pires” signing an AOM from Sand Canyon in 2014 , 5 years after their CEO publicly declared that they own nothing… all signatories on the AOM are OCWEN employees..

    I am going to sue him personally.

  5. The Life Estate
    Rule … Alienation

    nationalparalegal.edu/public_documents/courseware_asp_files/realProperty/EstateSystem/LifeEstate.asp

  6. The Life Estate
    Rule … Alienation

    nationalparalegal.edu/public_documents/courseware_asp_files/realProperty/EstateSystem/LifeEstate.asp

  7. Words and definitions to know.

    Estate Holder
    Holder of Life Estate

    U C UCC?

    You should also famiarize yourself with the Responsibility of each party!

  8. Saturday 6 February 2016

    Listening to Rodriguez on the radio show, she mentioned an “Orgon?” case. Having mispronounced Jesinoski as Jesnoski several times, her enunciation is hard to follow. After several attempts at various spellings
    for what she may have said, I think this is the post-Jesinoski case she was referencing:

    http://www.leagle.com/decision/In%20FDCO%2020151113E65/PAATALO%20v.%20JPMORGAN%20CHASE%20BANK

  9. ok, lets try a simpler question, as it would be the same . bank sends you a letter to foreclose on you. you the borrower, have 20 days to defend that, by sending and filling a complaint with the courts. right. so what is the difference when a borrower sends in a rescission letter to a bank. that is the same as a court order. correct. so the banks would have to do the same as a borrower, to defend themselves against the rescission order. as i see it there is no difference , they would have to file suit to, defend it. in the 20 days, just as the borrower would have to answer it by filling in the 20 days. that is all am asking. that the banks do not have different laws that they most follow. the law is what the law is. no matter who you are.

  10. i thought it was a simple question, as i can see now, it wasn’t a simple question for a lawyer to answer. sorry.

    all am asking is . if you as my lawyer, received a letter from a bank, stating that they are rescinding the loan contract that your client sign, what would the next step that you and your client have to do, to preserve any defenses? just like a court order by a court, the same is when a borrower send a bank a rescission letter, it is a self serving court order, as congress wanted a statue that did not need a borrower and a bank to get a lawyer involved. that was congress intent , as they have stated, in congressional hearings, and the supreme court as stated it also. so the question i ask is simple. under a court order, aka, rescission letter, do i have to answer, in the 20 day window. to preserve my defenses. ?

  11. question to ask court judge, your lawyers. and ask them to explain to you why is there any difference. and were does it state , that there is a difference in the law for the banks V borrower?

    listen, ask your lawyer this question.

    the ( bank ) just sent us a tila rescission letter and ask us to comply to the statue. ? what would be the next step by law for us to do? your honor?

  12. The Piggy Bank Corporation and Playmates were at all times relavent , organized , existing and operating under the Laws of North Carolina with their principal offices located in the city Charlotte, county of Hillsborough.

    …Point….
    North Carolina & Illinois UCC varies.

  13. Thursday 4 February 2016

    Whether it is found in Dodd-Franklin, or not:

    Notice To Principal Is Notice To Agent; Notice To Agent Is Notice To
    Principal.

    Include that on top of any correspondence with lenders, services, et al,
    or it can come right after the opening Dear ….. It needs no authority.

  14. Olympic Mortgage Company also closed…All assignments were done by a robo signer that is employed by Ocwen as attorney in fact for both companies, Olympic and Ameriquest…His name is Joel Pires..also, how can they put anything into a trust in 2014 when that Trust closed in 2005

  15. Al murray-
    Ameriquest ceased operations in 2008 i think- one of the first subprime filth to fold like a cheap suit. So to assign rrom or to them in 2014 isnt possible. So anyone after Ameriquest got nothing- because Ameriquest had nothing to give. Nemo dat

  16. Lot more to the story…just a quickie story…in 2004…Olympic Mortgage Company is listed as the lender and recorded it. then in 2014..the assignments went crazy…all in one day…at the same minute they recorded from Olympic Mortgage Company to Ameriquest…then from Ameriquest to Wells Fargo
    Now Wells Fargo Bank, NA, Trustee for Park Place Securities, Inc, pass through trust 2005WCH1 is attempting to foreclose…In 2013, I sent a letter of rescission to Ocwen because they would not give me the lenders name…there is more…please contact me with info on how to bring the house down

  17. I just typed out a long detailed message that never made it to the board about a BK 13 that I filed (4 times within a year) and about how Wells Fargo came in out of the blue. They filed an assignment 9 years after the trust closed…the court does not know this yet and I listed Wells as an unsecured creditor. I would like to speak to someone to help me put the screws to them
    feet4fins@yahoo.com

  18. Just a bit off topic….I filed a BK 13 (4th time within a year)and would like to speak to someone about how to put the screws to the attorneys for Wells Fargo due to me listing them as an unsecured creditor…they did not like that at all///please email me at feet4fins@yahoo.com At the time I sent the rescission letter, Wells Fargo was not in the picture then somehow Ocwen put them in to foreclose as the Trustee for a Park Place Trust that closed in 2005.

    All in the same day, at the same minute in 2014…they recorded assignments from Olympic Mortgage Company to Ameriquest…then from Ameriquest to Wells Fargo, NA Trustee for Park Place Securities Trust…9 years later after the trust closed in 2005…hmmmmmm

    Please contact me at feet4fins@yahoo.com

  19. FBI is a member of MERS?

    by Deadly Clear

  20. Ocwen attempted doing the same to me 1 1/2 years after I sent the rescission letter. The sent me a letter saying the same about the pre approval. I told them that I have never filed any paperwork for a mod. Then they tried to tell me it was just a form letter that went to everyone. I put him through questions and answers and finally I heard a dial tone.

  21. hey everyone,

    just was talking with someone about , his rescission he sent in, and it was a few days ago, so he called to check on the status of them receiving it.

    ocwen said , oh are you calling about the PRE-APPROVAL OF YOUR LOAN MOD.

    NOW , HE DID NOT , PUT IN FOR LOAN MOD. anyone else seeing this. trick

  22. I will tune in.

    From: Livingliess Weblog To: kennedy_thorne@ymail.com Sent: Thursday, February 4, 2016 1:24 PM Subject: [New post] What Happens After a Mortgage Loan is Rescinded? Tonight on the Neil Garfield Show 6pm EST #yiv8084603584 a:hover {color:red;}#yiv8084603584 a {text-decoration:none;color:#0088cc;}#yiv8084603584 a.yiv8084603584primaryactionlink:link, #yiv8084603584 a.yiv8084603584primaryactionlink:visited {background-color:#2585B2;color:#fff;}#yiv8084603584 a.yiv8084603584primaryactionlink:hover, #yiv8084603584 a.yiv8084603584primaryactionlink:active {background-color:#11729E;color:#fff;}#yiv8084603584 WordPress.com | Neil Garfield posted: “Click in to tune in at The Neil Garfield ShowOr call in at (347) 850-1260, 6pm Eastern ThursdaysMore than 40,000 people listen to the Neil Garfield Show. Maybe you should too.=============================== In addition to simply exercising rights” | |

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