Rescission under TILA: Homeowners’ Rights Upheld as Courts Grapple with Voided Mortgages and Clouded Titles - How FRAUD STOPPERS Can Provide Assistance

The concept of rescission under the Truth in Lending Act (TILA) has become a crucial battleground for homeowners seeking justice in the face of predatory lending practices. Rescission, as defined by TILA, is not merely a claim but an event triggered by the homeowner’s mailing of a notice of rescission to the alleged lender. Once the notice is sent, the burden shifts to the lender to comply with specific statutory conditions.

However, despite the clear provisions of the law, many courts have continued to foreclose on properties despite the existence of rescission notices. This has resulted in a perplexing conundrum where voided mortgages and clouded titles have become all too common, leaving homeowners in a state of uncertainty and vulnerability.

In the midst of this legal landscape, organizations like FRAUD STOPPERS have emerged to champion the cause of homeowners and provide assistance in navigating the complex terrain of rescission cases. FRAUD STOPPERS is dedicated to empowering homeowners, educating them about their rights, and offering valuable resources to fight back against predatory lenders.

One of the key ways FRAUD STOPPERS aids homeowners is by providing expert guidance on the intricacies of the TILA rescission process. Their team of experienced professionals understands the nuances of the law and can assist homeowners in preparing and filing their notices of rescission, ensuring compliance with statutory requirements.

Additionally, FRAUD STOPPERS helps homeowners understand the implications of the Jesinoski v Countrywide decision, a landmark unanimous ruling by the U.S. Supreme Court in 2015. This decision affirmed the importance of adhering to the statutory framework of TILA rescission, highlighting the reckless disregard that some courts have shown towards its effects.

Moreover, FRAUD STOPPERS offers support in dealing with the aftermath of rescission, particularly in cases where lenders continue to pursue foreclosure actions. They work diligently to protect homeowners’ rights by challenging these actions in court, advocating for the voiding of the mortgage and the preservation of the homeowner’s title.

To further assist homeowners, FRAUD STOPPERS provides free TILA letters and other legal documents and forms. By visiting www.fraudstoppers.org/free, homeowners can access a wealth of valuable resources without incurring any costs. These documents can serve as powerful tools in the fight against predatory lending practices, allowing homeowners to assert their rights under TILA rescission effectively.

By providing comprehensive legal resources, strategic guidance, and expert representation, FRAUD STOPPERS aims to level the playing field for homeowners and ensure that their rights under TILA rescission are upheld. Through their dedicated efforts, they aim to combat fraudulent lending practices, hold lenders accountable, and ultimately restore justice to homeowners who have been victimized by predatory schemes.

In the face of voided mortgages and clouded titles, homeowners can turn to organizations like FRAUD STOPPERS for the support and advocacy they need. As the fight for homeowners’ rights continues, the importance of knowledgeable allies like FRAUD STOPPERS cannot be overstated in achieving fair and just outcomes in TILA rescission cases. Visit www.fraudstoppers.org/free to access free TILA letters and other legal documents and forms.

TILA CHECKMATE

(Verse 1)
In the game of life, where power’s at stake,
TILA rescission’s a move you gotta make.
It’s like a chessboard, with lenders as foes,
But FRAUD STOPPERS got the strategy that no one knows.

(Chorus)
Rescission like chess, a battle of might,
Voided mortgages, we fight for what’s right.
Clouded titles, we’ll clear the haze,
With FRAUD STOPPERS, we’ll win this race.

(Verse 2)
The basic thrust of argument, it’s crystal clear,
Rescission’s an event, not just words you hear.
Once that notice is sent, the game’s in motion,
Lenders have to comply, it’s their legal devotion.

(Verse 3)
Now picture the board, the pieces in place,
Homeowners the pawns, caught in this chase.
But FRAUD STOPPERS steps in, the knight on the scene,
Guiding homeowners through the legal routine.

(Chorus)
Rescission like chess, a battle of might,
Voided mortgages, we fight for what’s right.
Clouded titles, we’ll clear the haze,
With FRAUD STOPPERS, we’ll win this race.

(Verse 4)
In this game, Jesinoski v Countrywide’s our queen,
A Supreme Court ruling, a victory unseen.
Unanimous decision, the law’s in our favor,
But some courts still falter, their judgments we savor.

(Verse 5)
The lenders make moves, foreclosure attempts,
But FRAUD STOPPERS counters, preventing their tempt.
We challenge their actions, with might and with pride,
Demanding voided mortgages, nowhere to hide.

(Bridge)
We’re playing this game with hearts full of fire,
Fighting for homeowners, lifting them higher.
With legal documents and forms for free,
FRAUD STOPPERS is the key, setting homeowners free.

(Chorus)
Rescission like chess, a battle of might,
Voided mortgages, we fight for what’s right.
Clouded titles, we’ll clear the haze,
With FRAUD STOPPERS, we’ll win this race.

(Verse 6)
At www.fraudstoppers.org/free, the resources reside,
TILA letters and forms, on our side.
Strategizing the moves, empowering the crowd,
Knowledge is power, we say it out loud.

(Verse 7)
The game’s not yet over, the fight must go on,
TILA rescission, the battle isn’t done.
But with FRAUD STOPPERS leading the way,
Homeowners will triumph, come what may.

(Chorus)
Rescission like chess, a battle of might,
Voided mortgages, we fight for what’s right.
Clouded titles, we’ll clear the haze,
With FRAUD STOPPERS, we’ll win this race.

(Outro)
So gather ’round, homeowners, stand up tall,
TILA rescission, we’ll conquer it all.
With FRAUD STOPPERS as our guiding light,
We’ll checkmate the lenders and claim our rightful right.

15 USC§1635 triggers and event, not a claim

By Neil Garfield

The basic thrust of argument on TILA rescission is that rescission is an event, not a claim. After sending (mailing USPS) the notice of rescission, there is nothing else required on the part of the homeowner. It was passsed in the 1960s to force compliance with lending laws.

15 USC §1635 is effective upon mailing, even if the judge or anyone else thinks it was not sent in good faith, as long as it is within 3 years of consummation of the alleged transction. See Jesinoski v Countrywide (2015 unaimous US Supreme Court decision).
Virtually all foreclosures of the note and mortgage after rescission are and will always be void. Title remains vested in the homeowner. Both title and the right to possession can be enforced by such homeowners by injunction and eviction proceedings.

The only limit to such enforcement is an action by the pretender lender to obtain title by advserse possession which generally carries a minimum of 20 years for the adverse possession of the dispute property. No such action is allowed to be filed in less than 20 years since the the commencement of the “adverse possession” as if the possessor had title.

Lawyers who take a contrary position on behalf of anyone should be subject to sanctions or discipline because they are advancing an argument contrary to settled law.

TILA rescission is about the regulation of predatory practices in lending or transactions presented as loans when they are driven by other business reasons without notice to the homeowner and in contravention of state and federal laws.

Because of illegal and other predatory practices by banks and other lenders, Congress was presented with two choices. They could establish a massive new Federal agency to review every alleged loan transaction or enact a statutory scheme that would force alleged lenders to comply with the law.

As illegal lending practices continued, Congress created a statutory scheme for the enforcement of lending laws by the homeowner that was both procedurally and substantively highly punitive against parties presenting themselves as lenders in a loan transaction. The Courts lack both jurisdiction and authority to change legislation. Court orders that attempt to do so are void, not merely voidable.

15 USC §1635 was enacted to enable homeowners to eliminate the note and mortgage, replacing it with a statutory scheme for recovery on the underlying debt if and only if the purported lender was able to comply with the statutory conditions precedent.

The statute was triggered simply by mailing a notice of intent to rescind. By operation of law, this extinguished the mortgage lien and the note and replaced it with a scheme to recover the underlying debt by a party who owned that debt. But first, the creditor was required to return all money paid by the homeowner, file a satisfaction of lien to clear the title, and return the canceled original note. And, of course, the “creditor” was required to allege and prove that it was the owner of that debt without resorting to the note or mortgage.

Despite many court rulings throughout the country, the operation of the statute was triggered as an event, not a claim by the homeowner. Nothing further is required by the homeowner for the statute to operate.

When confronted by the resistance of lower courts to the outcome of the operation of this statute, the U.S. Supreme Court decided unanimously in 2015 that the courts must follow the statute in Jesinoksi v Countrywide. That decision has never been overturned or amended. Written by Justice Scalia, the court was critical of the reckless manner in which the effects of the statute were ignored.

This has led to a practical conundrum. The statute voids the note and mortgage, yet many courts are continuing to foreclose the note and mortgage. By law, such actions muddy the title of everyone who has sent a notice of rescission.