Why Lenders Have No Legal Standing Against TILA Rescission

Not legal advice, for informational purposes only.

TILA rescission is effective by optional law, the moment it is sent to the lender.

So, what does all this really mean for mortgage loan contracts?

Once a letter to rescind and cancel a mortgage loan contract is sent, an event has occurred that can’t be easily undone. So to undo the event requires a Judgment against the event that occurred.

TILA Rescission

Usually, the mortgage lender will just send a letter to the homeowner, stating that the TILA rescission is rejected as untimely and denied.

However, the Supreme Court of the United States ruled that TILA rescission is a nonjudicial remedy by operational law in Jesinoski v. Countrywide Home Loans, Inc., 135 S. Ct. 790 (2015).

So just because the lender rejects and denies a TILA rescission, it does not make it so… When the Supreme Court of the United States ruled that TILA rescission is a nonjudicial remedy by operational law.

This is why TILA is referred to as operational law.

What is a TILA??

The Truth in Lending Act (TILA) is a federal law passed in 1968 to ensure that consumers are treated fairly by businesses in the lending marketplace and are informed about the true cost of credit. … It does require lenders to disclose information about all charges and fees associated with a loan.

In Mortgage Cancellation Secrets Forms, it’s detailed how-to identify fraud disclosures that occurred to rescind and cancel a mortgage loan contract.

To challenge a TILA rescission will also require that a mortgage lender must have standing.

Fraud is a deliberate misstatement of a material fact. Misrepresentation is a bonafide representation of misstatement believing it to be true which turns out to be untrue.

Loans sold on Wall Street (which are most mortgages) are in violations of TILA at loan origination and most homeowners don’t know this…The original mortgage lender proclaims to be the creditor funding the mortgage loan contract.

There is a specific TILA violation that asserts that a Promissory Note can’t extend beyond nine months period. So when a mortgage loan is 30 years (like 99% of most mortgages) this is a deliberate misstatement of a material fact for who is actually funding the mortgage loan. An act of fraud where the original lender can’t be the true creditor funding the mortgage loan contract…because the mortgage loan contract is extending beyond nine months. That’s considered a  deliberate misstatement of a material fact!

So it’s essentially a bait and switch when an Assignment Transfer comes into play. Such as a bonafide representation of misstatement believing it to be true which turns out to be untrue. A misrepresentation that one party was the true creditor and lender that was not.

This is the primary reason why lenders will never challenge TILA rescission in court. The lender would need to have standing as the Plaintiff to challenge the TILA rescission.

Upon receiving a TILA rescission the lender has only 20 days to act. The options are to comply by canceling the security instrument (voiding it entirely, no debt owed) and returning all payment made including the down payment. To oppose TILA rescission the lender has exactly 20 days to seek declarative relief against the operational law.

How can the lender oppose TILA rescission if there is no standing to do so?

To oppose TILA rescission the lender must have standing…That would mean that the lender is the Real Party In Interest…Lenders never ever really appear in court regarding foreclosure or TILA rescission issues. Lenders generally send a Robo Plaintiff, their attorney as their fact witness. Which is not possible but most homeowners and even foreclosure defense lawyers don’t know to raise this issue…Where the lender is not actually appearing but sending a Robo Plaintiff (their attorney and law firm) representing them.

The lender must be the true beneficiary, like say a true holder in due course. This would require not using a Robo Beneficiary also. Which is typically what most lenders will do…To have the standing to oppose TILA rescission will require that the lender as the Plaintiff is a truly injured party.

How could the lender be the truly injured party from the TILA rescission, when the loan documents were in TILA violations where the promissory note extended beyond nine months??

This would mean that all the loan closing documents must contain a legitimate transaction…

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Tiny Little $79 Forms Could Cancel Your Entire Mortgage Loan

These tiny little $79 forms hold the dirty big secrets of Wall Street, that could cancel your entire mortgage loan!

How is this NOT a Scam and not too good to be true?

First off, the secrets exposed inside the forms is ALL public knowledge, it just that most homeowners don’t know how to access the information or how to use it.

Tiny Little $79 Forms

Right now you can order the Wall Street Cancellation Secrets Forms for only $79 for a limited time. In seconds you can gain access to insider knowledge that mortgage lenders have been trying to keep secret for years.

It all started with a $10 book sold on Amazon, giving details into “Wall Street Mortgage Cancellation Secrets” offering powerful techniques to rescind and cancel mortgages.  Hidden secrets “What Smart Rich People Don’t Tell and Big Banks Will Steal To Not Let You Know” about foreclosures and mortgage loans.

These are battle-tested and proven strategies used by foreclosure defense attorneys, mortgage loan auditors, forensic audit specialists, and more.

Fraud vitiates all contracts, written or verbal, sealed or unsealed. Offering discovery evidence to reset the clock after the required three-year statute of limitation enforcement for fraudulent lack of full disclosures.

DIY Rescind and Cancel Mortgage Forms with easy instructional preparation. There is no fluff. This is so simple to use and understand. Mortgage Cancellation Secrets provide forms and knowledge to help you:

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  • Discovery TILA Fraud Violations
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  • Identify If A Mortgage Lender In A Foreclosure Is The Current Owner With Authority To Foreclose
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How Beyoncé and Jay-Z Could Use TILA To Cancel Their $53 Million Mortgage

By now the entire world likely knows that mega celebrity superstars Beyoncé and mogul hubby Shawn Carter “Jay-Z” have a remaining $53 Million Dollar Mortgage! 

This is no insider secret celebrity information, real estate transactions involving mortgages are always available by way of public record information. 

The larger than life couple are now copycats to what many American families do, they took out an mortgage loan and didn’t pay all cash to purchase their first Los Angeles home in the summer of 2017…

How Beyoncé and Jay-Z Could Use TILA

The Truth in Lending Act (TILA) of 1968 is United States federal law designed to promote the informed use of consumer credit, by requiring disclosures about its terms and cost to standardize the manner in which costs associated with borrowing are calculated and disclosed.

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Bel-Air Estate 

Jay and Bey actually negotiated to pay $88 million dollars for their stunning new Bel-Air estate…

In April of 2017 previously media outlets were reporting the couple had paid around $90 million or as much as $120 million…now the world knows the truth. 

The couple actually took on a mortgage loan for $52.8 million, which must be paid back. 

Unlike most Americans, Jay and Bey were able to make a down-payment of  $35.2 million!! 

Which is equivalent to bringing 40% all cash to the closing table. 

So if we estimate what their payments would be using a mortgage calculator…For the average American family, this would still not be affordable. However, just imagine what an Average American family would pay and not the price point of $88 million for now…

Going the traditional route, if Jay and Bey opt for a conventional 30-year fixed rate loan their interest rate would be around 4 percent. 

This would mean they would be making monthly mortgage payments somewhere around a whopping $250,000 a month. 

If you were Jay and Bey, maybe opting for an interest-only loan which they did, just made more sense. Providing more flexibility to use the money to invest in other projects…Smart move!

In the public record, it shows that Jay and Bey purchased their Bel Air estate for $88 million. The mortgage loan is actually financed through two separate trusts and that they made a downpayment of $35.2 million (the 40% cash payment at the closing table). The power couple mortgage loan is a five-year adjustable rate mortgage with a 3.4 % initial rate. This will allow the rate to stay the same for the first five years. After that, the rate adjusts annually based on Libor. Which is the benchmark rate used by the world’s top banking institutions. 

By putting 40% down, Jay and Bey have equity in their home. They are not upside down like many Americans. Plus Jay and Bey could also pay off this loan any time…Especially not like many American families, who are stuck in a mortgage they can’t afford to pay off maybe never. Which many average Americans carrying mortgages result in foreclosure. 

However, the same as with many Americans both Jay and Bey may not know important secrets about their mortgage loan…In fact, the power couple could use these hidden secrets to cancel their entire remaining $53 million dollar mortgage loan forever….receive all their down payment back of $35.2 million, and plus all mortgage payments made! 

The good news is that TILA was intended to protect average consumers… not just rich people and powerful celebrities! 

Would you love to learn how-to Rescind and Cancel your mortgage loan permanently?? 

How-to Rescind and Cancel Your Mortgage Loan Permanently

Today, the use of TILA Violations for fraud is an ironclad foreclosure defense. Creating an advantageous position for homeowners to workout a mortgage foreclosure conflict with their mortgage lender faster. 

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How-to Rescind and Cancel Your Mortgage Loan Permanently

Would you love to learn how-to Rescind and Cancel your mortgage loan permanently?? 

Forcing your mortgage lender to work with you, getting the upper hand? 

If you ever been denied a loan modification or upside down, owe more than your home is worth right now or even facing foreclosure…this is for you!

Yes, these techniques really can work and 100% legal to use at your own risk…This is not legal advice, for informational purposes only. 

How-to Rescind and Cancel

Lately, I have been traveling around the country with my team and training lawyers and real estate investors on these simple techniques…It all started from a short book I wrote that became a bestseller in Amazon and Barnes & Noble! 

Homeowners around the country started reporting amazing results…

Foreclosures Cancelled!

Tender, Short Pay Offers Accepted! 

Mortgage Deeds Cancelled Permanently!!! 

Learning how-to spot Truth in Lending Act (TILA) violations is the key to rescind and cancel mortgage deeds permanently for fraudulent disclosures…

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How is this possible ??

The Supreme Court issued its ruling in Jesinoski v. Countrywide Home Loans, Inc., 135 S. Ct. 790 (2015).

What if the three-year statute of limitations to rescind and cancel has expired???

Well, that’s why you need to get educated…I simplified my 10 years experience with expertise in Wall Street mortgage-backed securities and over 16 years of experience as a former full-time mortgage broker, creating a DIY foolproof system that works! 

Revealing simple techniques to apply TILA violations for fraudulent disclosures to essentially reset the statute of limitations where fraud is involved. 

True, a normal TILA violation without fraud would typically need to be made within 3 years…If you learn how-to discover issues of fraud in violation of TILA, you have a new opportunity! 

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Still need more proof??

Truth in Lending Act (TILA) under section 1635 (Go look it up!!) gives the lender exactly 20 days to 1) Return Every Payment A Borrower Ever Made! 2) Cancel The Security Instrument! 

1 and 2 must be done within 20 days!

If the lender wants to contest the Rescind and Cancellation, the lender still has only 20 days to do so by filing a lawsuit within the exact timeframe and only after following steps 1 and 2 first before going to court. 

That’s right, even to contest a Rescind and Cancellation, TILA requires that the lender must file a lawsuit within 20 days. However, the lender will first need to follow steps 1 and 2!!!! 

Exactly within 20 days 1) Return Every Payment A Borrower Ever Made! 2) Cancel The Security Instrument! 

You can get the forms to do these simple techniques yourself right now today for a special low rate offer… 

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Using Rescind and Cancellation To Stop Foreclosure

(Not legal advice, for informational purposes only). Many homeowners facing foreclosure wonder can a “Rescind and Cancellation” notice (just a letter) stop foreclosure???

Essentially, that answer is YES, if the Rescind and Cancellation is done properly! 

By operational law a Truth in Lending Act (TILA) enforces Rescind and Cancellation notice, only needing “an official written letter” requiring no lawsuit is effective once it is placed in the mail. 

So, this is essentially how informing the lender and foreclosure attorney of its existence is effective and can stop a foreclosure. 

Stop Foreclosure

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Once the rescission notice is sent, the enforceable security interest becomes void. That means the foreclosure would also be void because of violation by operational law. 

Any Deed Under Power Of Sale, would also be void because of the effect of Truth in Lending Act (TILA) by notice to rescind and cancel was in effect. 

The US Supreme Court upheld, “The note and mortgage cease to exist when the notice of rescission is dropped in the mail.” 

This protection is operational law and makes the Rescind and Cancellation notice an enforcement Order!!!

Is the foreclosing lender your true creditor??

If the foreclosing lender wants to reject the Rescind and Cancellation notice, just a Reply Letter is insufficient to undo the enforcement order! 

The lender has exactly only 20 days to file a lawsuit within the 20 days to seek injunction relief in contest of the notice of rescission. 

As of yet, no mortgage lender has ever contested TILA Violations for fraud within 20 days! 

Why??! 

It’s virtually impossible to show proof that the loan was really funded by the originating lender!!!

That’s what inspired the Produce Note movement. Which now is a dull foreclosure defense. 

Today, the use of TILA Violations for fraud is an ironclad foreclosure defense. Creating an advantageous position for homeowners to work out a mortgage foreclosure conflict with their mortgage lender faster. 

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If mortgage lenders could prove that mortgage securitization is truly properly funded at loan origination (as required by law)…Why don’t they just stop the enforcement order in the Rescind and Cancellation notice???

Well, most mortgage lenders hope that the homeowner will not know or understand what their Rescind and Cancellation notice truly means…Which is correct, very few homeowners or even foreclosure defense attorneys really understand the power of the enforceable order under TILA Violations! 

After that time the lender will be in default.

To contest to the homeowner’s rescind and cancellation notice, the lender must 1) file a lawsuit within 20 days of receiving notice 2) prove to be the creditor without any note, enforce security instruments (deeds), assignments transfers, etc.

Why ??? 

Because a proper Rescind and Cancellation notice by operational law immediately voids enforceable security interests (all these documents become VOID)!!! 

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How-to Use TILA Fraud Violations To Cancel Mortgage Interest Payments Forever 

(This is not legal advice, for informational purposes only). What if you could cancel every single mortgage interest payment for the life of your loan forever? How about also being able to completely erase your mortgage loan entirely?? 

“Bet that really got your attention?” 

Cancel Mortgage Interest Payments 

Back in 2013, there were 15 mortgage servicing companies  subject to enforcement actions for deficient practices in mortgage loan servicing and foreclosure processing, who reached an agreement in principle with the Office of the Comptroller of the Currency and the Board of Governors of the Federal Reserve System to provide approximately $10 billion in cash payments and other assistance to help borrowers. 

Keep in mind, these payments to borrowers only ranged from $300 to $125,000, depending on how much harm a borrower potentially suffered as a result of actions by the mortgage servicer.

“The majority of borrowers who took to social media and forums reported only receiving $300 on average.” 

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As of January 2017, the Independent Foreclosure Review (IFR) Payment Agreement was concluded. 

All outstanding checks expired on December 31, 2016. At least three years had passed since the initial checks were mailed to borrowers, which began in April 2013. 

The Paying Agent, Rust Consulting, Inc. advised that the efforts undertaken to locate borrowers covered by the payment agreement exceeded efforts in similar payment distributions.

Those borrowers then had until March 31, 2016, to cash their new checks.

After March 31 had come and gone, there was still more than $80 million dollars left, at that time the Fed directed the paying agent, Rust Consulting, to redistribute the funds to borrowers who cashed their checks by the March 31 deadline.

” So for whatever reasons, there were many borrowers who never received any payments and lots of money that didn’t go to help borrowers.” 

The sum included $3.9 billion in direct cash payments to eligible borrowers and $6.1 billion in other foreclosure prevention assistance, such as loan modifications and forgiveness of deficiency judgments. 

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The servicers that participated in the Payment Agreement included Aurora Bank, Bank of America, Citibank, EverBank, GMAC Mortgage, Goldman Sachs, HSBC, JPMorgan Chase, MetLife Bank, Morgan Stanley, PNC, Sovereign, SunTrust, U.S. Bank, and Wells Fargo and certain of their affiliated mortgage companies. All participating servicers and their affiliated mortgage companies were included.

For the participating servicers, fulfillment of the agreement satisfied the foreclosure review requirements of enforcement actions issued by the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System and the Office of Thrift Supervision in April and September 2011 and April 2012. As a result of the Payment Agreement, the participating servicers ceased the Independent Foreclosure Review, which involved case-by-case reviews, and replaced it with a broader framework allowing all of the borrowers of the participating servicers covered by the agreement to receive compensation significantly more quickly. The Independent Foreclosure Review Process was completed for the one servicer that did not enter into the agreement (OneWest Bank/IndyMac Mortgage Services).

Actually, even today most borrowers will still be utterly shocked to discover TILA Violations for fraud are currently hidden inside mortgage documents.

You may have heard about Forensic Loan Auditors warning that mortgage loans still contain fraud.

It’s how the securities for mortgage loans are set up by Wall Street until this is changed non-disclosure will never be revealed to borrowers.

 

 

However, the Truth in Lending Act (TILA) of 1968 is a United States federal law designed to promote the informed use of consumer credit, by requiring disclosures about its terms and cost to standardize the manner in which costs associated with borrowing are calculated and disclosed.

Here is how TILA Violations for fraud can eliminate mortgage interest payments forever and erase mortgage loans entirely. 

This Act was implemented to safeguard consumers in connection with the utilization of credit by requiring full disclosure of the terms and conditions of finance charges in credit transactions or in offers to extend credit; by restricting the garnishment of wages; and by creating the National Commission on Consumer Finance to study and make recommendations on the need for further regulation of the consumer finance industry; and for other purposes.

When important information is not disclosed borrowers can use TILA Violations, to rescind and cancel their mortgage loans forever!

The “three-year statute of limitation” can be challenged with the involvement of fraud. Allowing borrowers who didn’t Rescind and Cancel before the deadline of three years. When fraud is involved this vitiates the mortgage loan contract. 

The mortgage loan is canceled by operational law the moment notice is given to rescind and cancel. Which requires the lender to return all payments including interest and void enforceable security interest within 20 days. 

No further collection of payments or interest is enforceable by the mortgage lender or their servicer after Rescind and Cancellation of the mortgage loan is sent. 

While the mortgage lender can certainly send a notice or letter in objection to the borrower’s Rescind and Cancellation notice. Which the mortgage lender will often do.

However, under Regulation Z, 15 U.S.C. § 1625(b) to dispute a borrower’s right to rescind and cancel the mortgage lender must file a declaratory judgment action within 20 days after receiving notice of Rescind and Cancellation or be in default to the borrower. 

By operational law, the enforceable security interest against the property is still void and not merely voidable. 

If you would like to learn how-to properly rescind and cancel your mortgage loan contract or any mortgage loan contract not in your name, that you also have a Security interest in the property?? 

Hurry, go get easy instant access to our top nationally rated Mortgage Cancellation Secrets Forms (Best-Seller) right now! 

To your success,

Mortgage Cancellation Secrets Team 

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Inside this special free report you will discover:

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  • Why TILA Exists 
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What Happens After Rescinding A Mortgage Loan

(This information is intended for informational proposes only and not legal advice). Once a borrower notifies the mortgage lender of their right to rescind and cancel the mortgage loan, it is officially void by no court order needed only proper notice by official letter. So what happens next after this process has everything to do with becoming educated on how-to properly resolve a mortgage conflict resolution. 

Who can exactly rescind and cancel a mortgage loan contract?

It might surprise many people to learn that currently under The Truth in Lending Act (TILA), anyone with security interest in a property has a right to rescind and cancel the mortgage loan contract!

For the purpose of MortgageCancellationSecrets.com we focus on TILA fraud violations to rescind and cancel mortgage loan contracts for homeowners under distress. So, in other words any homeowner denied a loan modification, facing foreclosure, upside down mortgage – owe more than the property is worth, etc. This is where they would come to learn about how-to discover TILA fraud violations to actually rescind and cancel mortgage loan contracts.

After Rescinding A Mortgage Loan

When the Rescind and Cancellation of a mortgage is in effect the lender has 20 days to give up security interest in the property and pay back all money ever paid by the homeowner.

This is the best time to attempt to resolve the conflict resolution between the lender and the homeowner. 

What if the three year statute of limitations has expired to rescind?

When fraud is involved this vitiates the mortgage loan contract. To rescind and cancel a mortgage loan after three years will also require identifying fraudulent disclosures.

Fraud vitiates all contracts, written or verbal, sealed or unsealed. Offering discovery evidence to reset the clock after the required three year statute of limitation enforcement for fraudulent lack of full disclosures.

TILA still requires that borrowers must also be prepared to Tender once they rescind and cancel their mortgage loan contracts. However, the statute right now is very clear that in “twenty days” the lender must first return all payments made by the borrower and even release the security instrument such as Deed of Trust, Security Deed or Mortgage before Tender is required to be made.

A homeowner (borrower) must understand, that before tender of the loan proceeds to the lender is required. The loan is cancelled at the moment notice is given. Which requires the lender to FIRST return all payments and terminate its security interest within 20 days, before Tender is to be made by the homeowner (borrower)! The borrower then must tender the loan proceeds to the lender only AFTER the lender returns all payments and terminate “VOID” its security interest. This puts the homeowner (borrower) in a better financial position to Tender the loan amount after receiving all payments made and the property back FREE AND CLEAR any lien from the lender.

This process further creates a bigger problem for lenders seeking to foreclose on borrowers. Those borrowers facing foreclosure, who have properly notified the lender to rescind and cancel their mortgage loans attack the enforceable security interest of the property.

To foreclose the lender must have enforceable security interest, this has nothing to do with produce the note. That strategy is dead.

Enforceable security interest requires that the lender has a right to enforce the security interest to foreclose. Which is strictly required in every state by law, no matter if the foreclosure process  is non-judicial or judicial.

For a lender to contest a Rescission Notice received from a borrower to Rescind and Cancel, the lender must also follow strict procedures. If the lender opposes the borrower’s right to rescind and cancel the lender must send a letter to the borrower stating the reasons why and object to the rescind in the letter.

Most homeowners facing foreclosures think that this notice clears the lender and gives the lender a right to proceed with foreclosure after sending a notice of objection to the Rescind and Cancel notice received by letter.

This is why homeowners facing foreclosures and their foreclosure defense attorneys must get educated. The borrower has a right to assert rescission as an affirmative defense to challenge a foreclosure or by and through declaratory judgment (relief) to halt or void a foreclosure sale.

After the homeowner rescinds the mortgage they also have 1 year to file for declarative relief

Under 15 U.S.C. § 1635(b); Reg. Z §§ 226.15(d)(1), 226.23(d)(1) once the borrower properly sends notice to Rescind and Cancel, the security interest is void by operational law.

What homeowners facing foreclosures and foreclosure defense attorneys need to know is that “security interest is void” upon the proper rescind and cancel notice. Regulation Z is also very clear, the security interest is void and of no legal effect upon rescinding and cancel notice. Should the lender make an objection to the borrower’s rescind and cancel notice, Regulation Z dictates that the security interest is void by operational law.

Regulation Z is further very clear that by through now 15 U.S.C. § 1625(b) that IF a lender wishes to dispute a borrower’s right to rescind and cancel, a declaratory judgment action must be filed within 20 days after receiving the rescission notice. This would be the urgent deadline to return all payments made by the borrower and void the security interest.

The biggest problem is that many homeowners and even foreclosure defense attorneys don’t properly know how-to rescind and cancel their mortgage loans for TILA fraud violations. This must be done correctly and by strict statute.

Homeowners must properly rescind and cancel a mortgage loan. This is why we created DIY Rescind and Cancel Mortgage Forms with easy instructional preparation. The information contained in these forms are battle tested and proven strategies used by foreclosure defense attorneys, mortgage loan auditors, forensic audit specialists, and more.