• Archives

  • Blog Stats

    • 674,368 hits
  • Categories

  • Advertisements

Rescission is not a Claim — No Lawsuit Necessary

Livinglies's Weblog

To those who think that this a gotcha moment consider this: Your lack of understanding of civil court procedure is what is preventing you from seeing the obvious — claims are not granted relief unless they are litigated — no matter how “obvious” the outcome. Rescission is an event not a claim. It’s the contest of the rescission that is the claim. It is therefore the contest of rescission that must be litigated.

Rescission is not a claim. Rescission is an event. Either it happened or it didn’t. If the notice was sent, it happened. If the notice wasn’t sent then it didn’t happen.

If the rescission is contested it is still effective and the note and mortgage are still void. If anyone thinks the rescission was not sent under the right circumstances they must establish standing and sue to vacate the rescission — not just ignore it. SCOTUS specifically stated…

View original post 739 more words

Advertisements
%d bloggers like this: