"WE CAN STOP FORECLOSURES"
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Welcome to one of the toughest battles of your life. We suggest that a consumer has to be educated to be well equipped in this field for the battle they face. It does not mean that you call various law offices, and get tidbits of legal information and fight back. What we do is a little known non-judicial procedure. What we do suggest is that you review all the information on our web site. If you feel you need Legal Advice of any type, or to file a lawsuit, we suggest you contact an attorney. We don't recommend anyone try and file their own Lawsuit in Pro Se. Judges frown upon Pro Se litigants. Judges throw Pro Se Lawsuits out on the smallest procedural violations and pretext. The services we provide are non-judicial. Our Mortgage Correction Service includes the following documents: (1) Right to Cancel; (2) Notice of Removal of Trustee/Assign and/or Beneficiary; (3) Notice of Revocation of Power of Attorney/Notice/Agreement; (4) Asseveration of Mailing; (5) Quick Claim Deed; (6) Quick Claim Exhibit; (7) Release of Trust Deed and/or Full ReConveyance; (8) Addendum; and (9) Affidavit We provide a service that rescinds your loan and puts your lender on the defensive. 1. Truth in Lending Act (TILA) - Does your loan have legal violations? Are you the victim of predatory lending? Did you know that 90% of victims do not even know they are victims? The law is designed to protect consumers in credit transactions by requiring clear disclosure of key terms of the lending arrangement and all costs. This is why we conduct a forensic audit of your loan, to discover each and every TILA violation. By far, these are the most abused laws by lenders and the ones that have the most teeth. These are the most potent weapons of rescission. Yes, normally there is a three day period provided, if you can prove the violations, the rescission period can be extended to three years. Homeowners can use TILA violations, even if they are not late on their mortgage, as an effective tool to pressure their lender or rescind their loan obligation. Here are some very important Truth in Lending Act cases: Class Action Under the Truth in Lending Act Andrews v. Chevy Chase Bank, FSB (2007 WL 112568, E.D. Wisconsin, January 16, 2007). Borrowers alleged that the lender: (1) failed to properly disclose the payment schedule because the schedule did not reflect that the required payments were due monthly; (2) did not clearly disclose the APR and variable rate feature, based in part on disclosures reflecting a note rate of 1.950% and a five year fixed period that applied to the payment and not the rate; (3) added information to the TILA disclosure that was not directly related to the information required to be disclosed (i.e., the initial discounted interest rate of 1.950% set forth as the note rate); and (4) failed to properly disclose the possibility of negative amortization. The Federal District Court agreed with the first three allegations and determined that the loan was rescindable because of the violations. The court further determined that this matter was appropriate for class certification, finding nothing in the language of the TILA that precludes the use of the class action mechanism to obtain a judicial declaration of whether a TILA error entitles each member of the class individually to seek rescission. The MBA and other industry trade groups have 2 filed an amici curiae brief requesting that the United States Court of Appeals for the Seventh Circuit overturn the class certification. Right to Rescind After Loan Pay-Off Barrett v. JP Morgan Chase Bank, N.A. (445 F.3d 874, 6th Cir., April 18, 2006). The borrowers refinanced their mortgage with Bank One in May 2000 and again in January 2001. In May 2001, the borrowers refinanced the loan with another lender, and Bank One released its security interest in their home. The borrowers requested that the Bank One loans be rescinded based on alleged TILA violations. Bank One responded that because both loans were refinanced, and the security interest released, there was nothing left to rescind. The district court agreed, but the United States Court of Appeals for the Sixth Circuit reversed. The Sixth Circuit stated that nothing in the TILA or its implementing regulations provides that the act of refinancing extinguishes an unexpired right to rescind, and that the right to rescind gives consumers the right to recover fees in addition to the right to the release of the security interest. 2. CHALLENGE THE OWNERSHIP OF YOUR NOTE - Does your lender really own your mortgage? Are you sure? Why don't you make them prove it? SHOW ME THE NOTE. Judge Christopher A. Boyko of the Eastern Ohio United States District Court, on October 31, 2007 dismissed 14 Deutsche Bank-filed foreclosures in a ruling based on lack of standing for not owning/holding the mortgage loan at the time the lawsuits were filed. Judge Boyko issued an order requiring the Plaintiffs ( the banks ) in a number of pending foreclosure cases to file a copy of the executed Assignment demonstrating Plaintiff (Deutsche Bank) was the holder and owner of the Note and Mortgage as of the date the Complaint was filed, or the court would enter a dismissal. Disclaimer: This web site was created for providing information only. The author and/or publisher is not giving advice (not advising) on any subject, and is particularly not giving legal, or financial advice to anyone, in any way, shape or form. This web site has been made available to those who may need accurate information on the subjects covered within. Even though the information has been carefully researched and assimilated from the best available sources, the author and/or publisher cannot and does not guarantee the accuracy or correctness of the information and or suggestions provided and set forth herein. We provide assistance and document preparation for consumers seeking to gain control of their assets. We have several programs that will assist people in regaining their financial freedom. We do not claim to be legal professionals nor do we give legal advice. We merely help people understand what their options are and assist them with document preparation. |