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…
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…
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!
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…
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!
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.
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.
Because a proper Rescind and Cancellation notice by operational law immediately voids enforceable security interests (all these documents become VOID)!!!
(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 in2013, there were 15 mortgage servicing companiessubject 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.”
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.
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!
(Not legal advice or a legal opinion. For Informational proposes only). Bravo to the U.S. Court of Appeals for the Tenth Circuit on rejecting the federal Truth in Lending Act (TILA) on claim preclusion issues. This should be a quick wake up call for all homeowners facing foreclosures and foreclosure defense attorneys…Go get educated about proper TILA violations for fraud!
TILA Violations must always be as strong as an argument. Which is why finding fraud is fundamental to have a successful argument to rescind and cancel a mortgage loan for TILA Violations.
A primary and very common issue in most foreclosure defenses is the inadequate failure to conduct discovery research. If true discovery research was happening, more foreclosure disputes could be resolved through win-win resolutions.
TILA Preclusion Claims
Firstly, we wish to express our sympathy for the Pohl family and their fight to challenge a foreclosure on their home. The U.S. Court of Appeals ruled against the homeowners even after they obtained counsel from their own ProSe representation in their August 2014 complaint, having amended the complaint on eight claims through legal representation.
After looking over this entire matter, one could draw conclusions that the Truth in Lending Act (TILA) claims asserted by the Pohls was also missing fraudulent discovery. That they likely didn’t know about and was never revealed to them that fraud could have also been involved. Such as “New Discovery” of evidence (wink)…Where their only reasons to rescind and cancel their mortgage was because “TILA-required disclosures” so they delivered a notice of intent to rescind for disclosure violations and strictly nothing else.
In the mix of all this, the Pohls initiated two lawsuits and a bankruptcy (filing BK in 2011 seeking protection from foreclosure). They started a Quiet Title Action in 2012 to attack the 2011 foreclosure proceedings.
Not pertaining to the Pohls, as we have never interviewed them or know their specific situation. Where many homeowners fighting foreclosures get comfortable with being able to escape making monthly mortgage payments and living mortgage-rent free in a sense for several years. So they delay declarative judgment relief defenses in rescission matters. Raising issues of default under TILA violations have a specific statute of limitation timelines.
The Pohls in their Quiet Title Action in 2012 never raised TILA rescission issues to be challenged. They made a TILA rescission argument in 2012 that they “had tendered a valid instrument in payment of the note, which the trustee also had rejected.”
What the Pohls were arguing supports, UCC §3-603; “If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender…”
Maybe it wasn’t known to them that 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.
Requiring next a deadline to challenge the rescission by under Regulation Z for 15 U.S.C. § 1625(b)within 20 days after receiving the rescission notice.
So as such any enforceable security interest asserted would be void (not correctable by voidable) and a cloud on title to be made null and void to free and clear from all the world.
Not going too much deeper as their 2014 complaint, even with being amended by an attorney representing them was found to be lacking key essentials. The Tenth Circuit explained: “For a claim in a second judicial proceeding to be precluded by a previous judgment, there must exist: (1) finality of the first judgment, (2) identity of subject matter, (3) identity of claims for relief, and (4) identity or privity between parties to the actions.”
So it appears as if the Pohls really had no final Order to attack and no subject matter jurisdiction to rule judicially…Without a final judgment Order to attack, any subject matter jurisdiction would be lacking for being void to rule on judicially.
Issues On Preclusion
The Tenth Circuit asserted the Trustee; “had commenced the foreclosure proceedings in 2011, well before the 2012 state litigation.”
Collateral estoppel (CE), known in modern terminology as issue preclusion, is a common law estoppel doctrine that prevents a person from relitigating an issue. This is what the Tenth Circuit basically ruled that the Pohls did and barred their TILA rescission.
For this reason, discovery is very necessary to uncover new issues of fraud.
One summary is that, “once a court has decided an issue of fact or law necessary to its judgment, that decision … preclude relitigation of the issue in a suit on a different cause of action involving a party to the first case”. The rationale behind issue preclusion is the prevention of legal harassment and the prevention of abuse of judicial resources.
Make sure that your TILA violations for fraud discovery address the right issues. Make sure that your TILA violations can detail what fraudulent discovery grants a specific right to rescind and cancel the 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 forecloseon 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.
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.