Jesinoski Update: Homeowner, Bank and Court All Get it Wrong


Livinglies's Weblog

We get it. Judges don’t like statutory rescission under TILA. They are not required to like TILA rescission but they are required to follow it. This decision openly defies the SCOTUS ruling and refuses to apply it.

Despite clear legislative intent to prevent banks from stonewalling rescission they are succeeding in doing so nonetheless as they play upon the bias of courts against TILA Rescission.

This Federal Judge attempts to grapple with the issue of damages claimed by Jesinoski’s rescission. It is stunning that these are the same people who argued the case before the Supreme Court of the United States (SCOTUS). The plain truth is that nobody in that courtroom seemed to understand rescission or how to apply it. The singular overriding point is that the only substantive part of the rescission statute is that when mailed, rescission is effective and the loan contract is canceled, the mortgage and…

View original post 4,662 more words

Posted in Uncategorized | Leave a comment

What the Mainstream Media Won’t Tell You(and Why) Part 1


The Global Insight

6 June 2016

The Mainstream Media isn’t telling you something. That is the failure to report on real issues. Let’s see why that is the case.

All the outlets, Fox News, CNN, MSNBC, and more focus almost entirely on the “horse race” which is the current Presidential election cycle. Since the cycle kicked off last summer, it’s who is winning or who is losing. They would much rather spend a whole week dissecting the outrageous new comment from Donald Trump than climate change or how to rebuild or economy. The MSM in this country cares about ratings rather than facts, which is why they’re doing what they’re doing. To be honest, they’re system isn’t helping ratings, which I’ll get back to later on. Let’s go back on why the Mainstream Media doesn’t report real news.

Why?

Why isn’t the media reporting on the real issues? It’s quite simple. Corporations own…

View original post 322 more words

Posted in Uncategorized | Leave a comment

Still Report #1070 – Wikileaks Assange Denies Russian Hacker Help – YouTube


Posted in Uncategorized | Leave a comment

About Those 1099 and Other Tax Filings from Servicers and Banks …


Livinglies's Weblog

The problem for everyone involved is that in reality the investors made nothing and merely received a portion of their own money as though it had come from the trust. But it didn’t come from the trust because the trust didn’t even have a bank account. If the banks had disclosed the truth of the matter the investors would have known this is a Ponzi scheme. Imagine what would happen if someone claimed sub S treatment when the corporation they had formed did no business, had no bank account and never had any business activity, never had any assets or liabilities and never had any income or expenses.

THE FOLLOWING ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER. HIRE AN ACCOUNTANT OR OTHER QUALIFIED TAX ANALYST

—————-
Few people can say they understand the Internal Revenue Code (IRC), and far…

View original post 1,130 more words

Posted in Uncategorized | Leave a comment

NM and Fla Judges Express Doubt Over Whether Loans Ever Made it Into trust


NEW CENTURY

Livinglies's Weblog

Judges are thinking the unthinkable — that none of the trusts ever acquired anything and that the foreclosures were and are a sham.

THE FOLLOWING ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER.

—————-

It isn’t “theory. It is facts, or rather the absence of facts.

As shown in the two articles by Jeff Barnes below, we are obviously reaching the tipping point. First, the presentation of a Trust instrument means nothing if there is no proof the trust was active — and in particular actually purchased the subject loan. And Second, Judges will deny all objections to discovery and will rule for the borrower if the Trust did not acquire the loan.

In ruling this way the two Judges — thousands of miles apart — are obviously recognizing that the long standing bank objection to borrowers’ defenses based…

View original post 3,208 more words

Posted in Uncategorized | Leave a comment

RESCISSION Revalidated in CA Decision


Livinglies's Weblog

1sT Appellate District US Bank v Naifeh: “… we conclude that a borrower may rescind the loan transaction under TILA without filing a lawsuit, but when the rescission is challenged in litigation, the court has authority to decide whether the rescission notice is timely and whether the the procedure set forth in the TILA (sic) should be modified in light of the facts and circumstances of the case.”

The jig was up when the Jesinoski decision was rendered — courts cannot re-write the statute, although they can consider minor changes in procedure whose purpose is to comply with the statute, not ignore. it.

see US BANK VS NAIFEH

In a carefully worded opinion at least one appellate court seems to be moving closer to the view I have expressed here on these pages. But they still left some simple propositions unclear.

It remains my opinion that a recorded rescission forces…

View original post 1,347 more words

Posted in Uncategorized | Leave a comment

Quiet Title Revisited: Not Quite a Dead End


Livinglies's Weblog

Void means that the instrument meant nothing when it was filed, not that it is unenforceable now.

I know how hard it is to let go of something that you really want to believe in. But for practical reasons I consider it unwise to continue on the QT path until we can find a way to get rid of the void assignment. That unto itself might a form of quiet title action and it is far easier to do. The allegation need only be that neither the assignor nor the assignee (a) had any right, justification or excuse to claim an interest in the recorded mortgage and (b) neither one was ever party to a completed transaction in which either of them had paid value for any interest in the recorded mortgage. Hence the assignment is void and should be removed from the chain of title reflected in the county…

View original post 855 more words

Posted in Uncategorized | Leave a comment