Certified Forensic Loan Auditors, LLC

 
  Upcoming Classes

Search CFLA's Article Archive:

The Chronology of TILA Rescission

by Neil Garfield | August 7, 2018

SIMPLE LOGIC, NO DEBATE.

I said it before and the Supreme Court said I was right. I said it again and the Supreme Court will again issue a ruling that conforms with my statements about TILA Rescission. The longer the rebellion (by the courts) goes on, the more title, rights, obligations and certainty will be undermined.

It’s not up for debate, which many people have tried to promote. The statute is clear and the Jesinoski decision drills home the point — the chronology of TILA rescission starts with delivery or mailing the notice of cancelation. It is THEN that rescission is effective by operation of law. It is a “done deal.”

This is NOT an “interpretation” or “theory.” I am only quoting the final decision from the Supreme Court that makes final decisions that may not be appealed. And the reason why SCOTUS was unanimous 9-0, Justice SCalia said, is that the statute could not be more clear and unambiguous.

All other arguments are policy arguments that should be taken up with the legislative branch of government. The debate is over. Any contrary ruling, motion, decision or judgment is void. A new Supreme Court ruling is expected in which it considers what to do with lower courts that refuse to follow orders from their boss (SCOTUS).

The legal effect is that the loan agreement is over and the note and mortgage are void. The debt survives but (1) is now conditioned on compliance with the lender’s obligations under the statutory scheme that replaced the loan agreement and (2) enforcement in all events is barred by the one year statute of limitations even if the lender did comply with the statute.

In some states the statute of limitations extinguishes the debt. In others it must be raised as an affirmative defense and is subject to possible renewal as with payments made after the SOL expires.

In any TILA rescission brief, I think the emphasis should be on chronology, subject matter jurisdiction and due process. I.e., that rescission removed the note, mortgage and loan agreement from legal consideration and therefore subject matter jurisdiction was lacking thereafter — a point that can be brought up anytime, even on appeal or even later.

  • AND that imposing a remedy based upon void documents violates due process rights of the borrower.
  • AND that any ruling denying the application of TILA rescission is void in the absence of a party with legal standing seeking a remedy (vacating the rescission) asserting (1) legal standing (injury) and (2) grounds upon which the rescission could be vacated.
  • Any contrary ruling (ignoring the TILA rescission) is itself void on both jurisdiction and due process grounds.

The fundamental facts must be clearly stated and must be based upon chronology. The rescission caused the loan agreement, the note and the mortgage to be void by operation of law at the moment of mailing or delivery. That is exactly what the statute says and exactly what Jesinoski says with emphasis on the word “when.”

If that remains true, then it is fundamental error for a trial court or appellate court to treat the loan agreement, note and mortgage to be in existence after receiving notice of the existence of the rescission, whether recorded or not. It therefore follows that it is fundamental error, without jurisdiction and a deprivation of fundamental and natural rights of the borrower to due process if a court grants relief or a remedy based upon the void documents.

There is no basis for a motion or ruling (from any court other than SCOTUS) that starts with the premise that rescission is effective upon delivery or mailing “IF”. There is no “IF.” There is no “provided.” There is no “However.” There are no conditions other than delivery or mailing.

Everything that attempts to impose conditional statements on the TILA rescission statute is wrong and void. Each such attempt assumes grounds for vacating the rescission have been proven by a party with standing. Due process requires the party who is directly injured by the “wrongful” rescission to initiate a lawsuit that begins with legal standing, asserts the rescission is effective, and the grounds for why the rescission notice should be vacated.

 

 

Order Cutting-Edge Services Now   Quiet Title Packages from Licensed Attorneys
     
CFLA Sponsored Attorney Links   CFLA Training Academy

 

 

Back to August 2018 Archive

 

"CFLA was founded by the Nation's Leading Foreclosure Defense Attorneys back in 2007 to serve the Foreclosure Defense Industry and fight pervasive Bank Fraud. Since opening our virtual doors, CFLA has rapidly expanded to become the premier online legal destination for small businesses and consumers. But as the company continues to grow, we're careful to hold true to our original vision. For us, putting the law within reach of millions of people is more than just a novel idea–it's the founding principle, just ask Andrew P. Lehman, J.D.. With convenient locations in Houston and Los Angeles, you can contact Our National Account Specialist and General Manager / Member Damion W. Emholtz at 888-758-CFLA (2352) for a free Mortgage Fraud Analysis or to obtain samples of work product, including cutting edge Bloomberg Securitization Audits, Litigation Support, Quiet Title Packages, and for more information about our Nationally Accredited and U.S. Department of Education Approved "Mortgage Securitization Analyst Training Certification" Classes (3 days) 24 hours for approved CLE & MCLE Credit (Now Available Online)".

SEE BELOW- http://www.certifiedforensicloanauditors.com

Call us at 888-758-CFLA (2352)

Bookmark and Share
spacer
Facebook Like us on Facebook
Twitter Follow us on Twitter
YouTube View our YouTube Videos
LinkedIn Connect to us on Linkedin
 
BBB Logo

 

spacer

Contact us or view our Sample Documents & Audits by completing the form below.

  • Reload
  • Should be Empty:

 

DVD Sets Only $99

 

FREE Mortgage Fraud Analysis

 

Order Cutting-Edge Services Now

 

Quiet Title Packages from Licensed Attorneys

 

Affiliate Services

 

CFLA Sponsored Attorney Links

 

Take-Home Education Package

 

Advocate Legal

 

The True News Network

 

Rubenstein Business Law

 

Atighechi Law Group

 

Scunziano & Associates

 

Foreclosure Defense LLC

 

Get Certified to Perform Mortgage Securitization Audits

 

CFLA Training Academy

 

Expert Witness Services

 

Cutting Edge Expert Securitization Reports

 

CFLA Credit Cards

 

Breaking News

 

Letters to the Editor

 

CFLA Weekly Newsletters

 

Code of Ethics

 

Testimonials

 

Instructional Videos

 

Job Opportunities

 

License Opportunities

 

MARS Rule

 

Product Samples

 

Resource Links

 

Servicer Information

 

Foreclosure Laws

 

REST Report

 

Quiet Title Packages from Licensed Attorneys

 

Advertise on CFLA

 

Advertising Space: Mortgage Securitization, Quiet Title

 

Certified Forensic Loan Auditors, LLC
13101 West Washington Blvd.
Suite 444
Los Angeles, CA 90066

Phone: 888-758-CFLA (2352)
Mobile Users: CLICK TO CALL
info@certifiedforensicloanauditors.com

   
 
CFLA IS NOT A LAW FIRM AND DOES NOT PROVIDE ANY LEGAL ADVICE. CFLA DOES NOT OFFER FORECLOSURE CONSULTING OR FORECLOSURE RELIEF
SERVICES. CFLA DOES NOT OFFER OR ASSIST WITH ANY LOAN MODIFICATION SERVICE. CFLA ALWAYS RECOMMENDS THAT CLIENTS RETAIN COMPETENT COUNSEL IN THEIR RESPECTIVE JURISDICTION. CFLA HAS A FREE PROGRAM TO REFER CFLA CLIENTS TO LAW FIRMS IN NEARLY EVERY STATE AND CFLA
DOES NOT CHARGE OR OBTAIN REFERRALS FEES FOR THESE SERVICES. SERVICES NOT OFFERED TO RESIDENTS OF THE STATE OF NEVADA.

 
Home About Us Privacy Policy Terms of Service Disclaimer SERVICES Careers Contact Us
 
COPYRIGHT © 2007-2017 Certified Forensic Loan Auditors ™ All rights reserved