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Rescission Legal Procedures and Strategies for Mortgages

Another blog post by Neil Garfield on the notice of rescission under the Truth in Lending Act (TILA).

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For further information please call 954-495-9867 or 520-405-1688.

THIS IS NOT A LEGAL OPINION UPON WHICH ANYONE SHOULD RELY. CONSULT A LAWYER WHO IS LICENSED IN THE JURISDICTION IN WHICH YOUR PROPERTY IS LOCATED.

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Homeowners are encountering the same resistance and frustration they did when I started pushing rescission that the nuclear option. Lawyers, too busy or not willing to do the research, analysis and thinking on the subject give a wrong incorrect advisory opinion and tell the homeowner that nothing has changed. They are right. The statute still says what it says. But they are wrong when they think they understand TILA rescission which is a specific statutory scheme for non-judicial cancellation of a loan that makes the note and mortgage void. They still can’t believe how simple it is. And they think the US Supreme Court was wrong in Jesinoski vs Countrywide. My answer is simple: Even…

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