Thursday, January 20, 2011

Where's my refund? Tila, Recission, and Truth in Lending Arguments

NOTE: Where's my refund - the payments paid for years to the servicer? In truth TILA refunds are harder to receive than what this article portrays. The article however, has GREAT information. We filed TILA claims with servicer and they answered NO WAY its been past 3 years. FRAUD however means that the 3 years is extended. Make sure to have a full foresensic audit, or forensic examination of your closing paperwork and application.

Tila, Recission, and Truth in Lending Arguments: "MY ANSWER TO OUR READER’S QUESTIONS: 1.TILA Rescission is self enforcing. It automatically extinguishes the lien and the liability. The time for rescission does not run until you actually knew the full scope of the violation. That is tantamount to it never running out. 2.YOU CAN ASSERT AND SHOULD ASSERT TILA VIOLATIONS IF YOU CAN BEFORE YOU ARE IN FORECLOSURE OR EVEN IF YOU ARE CURRENT IN YOUR PAYMENTS. 3.Judge is required to look for authority himself if you are representing yourself without a lawyer (pro se). This provision in effect makes the Judge your lawyer and your Judge. Pretty good combination for you. 4.Judge has no discretion to deny damages, refunds etc to Borrower once a violation of TILA, no matter how small, is discovered."

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