My loan was supposedly closed end of 2009. Case was dismissed but Quicken Loans refiled on 12/2014. I have an attorney. Can one rescind this long after the supposed closing and during the process of foreclosure? Thank you.
Maria Friscia - 9 years ago
I would like to send a letter to rescind, does anyone have a template they can email me to make sure I do it right freedomlumber@aol.com we have been fighting BOA or about 2-3 years now but our original loan was with countrywide which never notified us of the change and BOA never did the proper transfer with the Register of Deeds in NC until they started the foreclosure proceedings.
Someone please help me with this letter.
Thank you and God bless
maria
Robert Yetter - 9 years ago
Sent Country Wide a rescission back in 09, of course it was rejected. The home was lost to a short sale to Ocwen in 2013. Your thoughts on any action for damages or other.
Regards
Robert Yetter
RON - 9 years ago
I CALLED THE NUMBER HERE AND SPOKE TO STEVE. MY LEGAL MATTER TOOK PLACE IN 2006. AURORA DID NOT PROPERLY ADVISE ME OF THE NOMENCLATURE OF THE SECOND MORTGAGE WITH LEAHMAN BROTHERS; I.E. A NOTE UNSECURED AGAINST THE PROPERTY. THE SUBJECT HOUSE WAS SOLD AT SHERIFF'S SALE AND NOW THE SECOND MORTGAGE HOLDER, ASSUMING IT CONTINUES TO BE LEAHMAN BROTHERS, HAS MADE ATTEMPTS TO COLLECT. I WOULD NOT BE HERE MAKING THIS COMMENT BUT I THOUGHT PERHAPS THERE WAS ON GOING LITIGATION WITH RESPECT TO AURORA AN OR LEAHMAN. STEVE ADVISED THE STATUTE OF LIMITATIONS APPLIES HERE SO I HAVE NO RECOURSE BUT TO MAKE A COMPROMISE SETTLEMENT WITH THE 2 ND MORTGAGE HOLDER. IF ANYONE READING THIS HAS A RAY OF HOPE TO A SOLUTION HERE OR IS TRENDING A CLASS ACTION SUIT PLEASE ADVISE. OTHERWISE I HAVE WRITTEN IT OFF TO ONE OF MY LIFE'S MORE TRAGIC EVENTS. SOMETHING IS NOT RIGHT HERE WITH RESPECT TO THE ENTIRE US, GLOBAL FINANCIAL DEBACLE. THE REAL CULPRITS GOT OFF SCOTT FREE; I.E. THE CEO'S OF FANNIE, GINNEY, HUD, AND OTHER INVOLVED PARTIES. THEY GAVE BACK A PORTION OF THEIR MILLIONS IN BONUSES BUT KEPT THE REST. RIGHTEOUSNESS, TRUTH WILL PREVAIL IN THE END. I MAY NOT BE HERE TO SEE IT, BUT THERE IS A GREATER RECONCILIATION THAN THE COURTS OF THE LAND TO INCLUDE NOW THE CO OPTED SUPREME COURT AND OUR OWN EVIL CABAL GOVT.. MAY GOD HAVE MERCY ON US AND MAY GOD BLESS US ALL. (I AM A LICENSED REAL ESTATE BROKER NOW FOR SINCE 1973, DEVELOPER, EVEN PARTNER WITH A JUDGE AND ATTORNEYS AND MULTI MILLIONAIRES SO I DID NOT JUST FALL OFF THE TURNIP TRUCK, WITH A BS DEGREE)
comoon law advocate p.a.g. chris - 9 years ago
Chase is a mere Debt Collector having Purchased [debt Buy] Wa Mu's post default, Breached Contract and Violated Fiduciary obligato for Debt Collection. and Interloper third party Trespass[er] on con-trick
Mark Bowen - 9 years ago
What good would it do to send a rescission letter now since having allegedly closed the loan in 2005?
Call us immediately for Rescission litigation strategies and lawsuit support at 818.453.3585 and ask for Sara or Steve.
We can offer a free consultation and litigation support nationwide from our paralegals and supervising attorneys. M-F 9-4.
qwester - 9 years ago
Rescinded during foreclosure by rescission letters to lender, servicer, MERS, & Chase on first and second refi mortgages in June, 2007. Got acknowledgement with rescission letter being forwarded to new servicer, EMC (for Chase). Still in house 8 years later. Have not paid since 2006. Thru 4 judges local court will not recognize rescission but have high hopes now that mortgage and note are void (since 2007). Servicer says I owe $550,000 on a $65,000 second mortgage which was the only new money, if that. Chase claims, long after 20 day period, that my TILA complaint was bogus. Am having trouble with my Brydges and Oh and Assoc. attorneys understanding SCOTUS ruling re 20 day window.
Marje - 9 years ago
I sent and recorded Rescission letter in 2012 based on fraud and nondisclosure. They ignored it totally until now. They brought it up in another matter in court as they are trying to get more money from me. I have 2 weeks to respond. I don't know where to go now for help.
Lynn Williams - 9 years ago
Not sure if it is appropriate in our situation. This is confusing. Who does rescission apply to, what situation? The foreclosure was filed in 08 and dismissed over 3 years ago. Waiting to see if they are going to refile it, but we know the assignments are fraudulent. Now we get letters from some collection agency (they state it is not an attempt to collect a bill) but they act like they now hold everything. Not even sure how they got in the picture, because the foreclosure was US Bank as Plaintiff. The original loan was with Franklin NC. And in the midst of that there is an assignment to BOA, but it's also messed up. The house belongs to my boyfriend, he filed bankruptcy back in 2010 in the middle of the foreclosure and moved out. They have racked up close to 500,000.00 of costs, etc., and the house is now only valued at 150,000.00. There is also a 162,000.00 IRS lien involved. He didn't even know they dismissed the foreclosure until several months ago when he learned he still legally owned the house. So, we moved back in since it had been sitting vacant for 5 years! I am a paralegal, have done hours and hours of research on all of this, but to say I am overwhelmed would be an understatement! Waiting for the bomb to drop :/ and saving money for a lawyer in the meantime....
Kerry carney - 9 years ago
I don't even know what rescission is. My original bank was Taylor Whittaker and bean. Bank of America took over and tried to foreclose many times. I filed bankruptcy and tried to get a loan modification but was denied every time. Now during bankruptcy bank of America sold my loan to carrington and now carrington is foreclosing on me and I am now after all this time going to lose my home. Wud this rescission help me in any way?
Thomas Riddle - 9 years ago
Need to determine if the original loan through Bank One (AKA Chase Bank) was table funded and not from bank funds. I have the name of the "Chase Fund" but do not know if it is a MBS or not.
Rich Rendina - 9 years ago
Now what? My attorney "thinks" it will go nowhere. Can you represent me in this proceeding? Assume they don't respond...or file a lawsuit in 20 days...what then? Are they legally required to file a lawsuit?
My loan was supposedly closed end of 2009. Case was dismissed but Quicken Loans refiled on 12/2014. I have an attorney. Can one rescind this long after the supposed closing and during the process of foreclosure? Thank you.
I would like to send a letter to rescind, does anyone have a template they can email me to make sure I do it right freedomlumber@aol.com we have been fighting BOA or about 2-3 years now but our original loan was with countrywide which never notified us of the change and BOA never did the proper transfer with the Register of Deeds in NC until they started the foreclosure proceedings.
Someone please help me with this letter.
Thank you and God bless
maria
Sent Country Wide a rescission back in 09, of course it was rejected. The home was lost to a short sale to Ocwen in 2013. Your thoughts on any action for damages or other.
Regards
Robert Yetter
I CALLED THE NUMBER HERE AND SPOKE TO STEVE. MY LEGAL MATTER TOOK PLACE IN 2006. AURORA DID NOT PROPERLY ADVISE ME OF THE NOMENCLATURE OF THE SECOND MORTGAGE WITH LEAHMAN BROTHERS; I.E. A NOTE UNSECURED AGAINST THE PROPERTY. THE SUBJECT HOUSE WAS SOLD AT SHERIFF'S SALE AND NOW THE SECOND MORTGAGE HOLDER, ASSUMING IT CONTINUES TO BE LEAHMAN BROTHERS, HAS MADE ATTEMPTS TO COLLECT. I WOULD NOT BE HERE MAKING THIS COMMENT BUT I THOUGHT PERHAPS THERE WAS ON GOING LITIGATION WITH RESPECT TO AURORA AN OR LEAHMAN. STEVE ADVISED THE STATUTE OF LIMITATIONS APPLIES HERE SO I HAVE NO RECOURSE BUT TO MAKE A COMPROMISE SETTLEMENT WITH THE 2 ND MORTGAGE HOLDER. IF ANYONE READING THIS HAS A RAY OF HOPE TO A SOLUTION HERE OR IS TRENDING A CLASS ACTION SUIT PLEASE ADVISE. OTHERWISE I HAVE WRITTEN IT OFF TO ONE OF MY LIFE'S MORE TRAGIC EVENTS. SOMETHING IS NOT RIGHT HERE WITH RESPECT TO THE ENTIRE US, GLOBAL FINANCIAL DEBACLE. THE REAL CULPRITS GOT OFF SCOTT FREE; I.E. THE CEO'S OF FANNIE, GINNEY, HUD, AND OTHER INVOLVED PARTIES. THEY GAVE BACK A PORTION OF THEIR MILLIONS IN BONUSES BUT KEPT THE REST. RIGHTEOUSNESS, TRUTH WILL PREVAIL IN THE END. I MAY NOT BE HERE TO SEE IT, BUT THERE IS A GREATER RECONCILIATION THAN THE COURTS OF THE LAND TO INCLUDE NOW THE CO OPTED SUPREME COURT AND OUR OWN EVIL CABAL GOVT.. MAY GOD HAVE MERCY ON US AND MAY GOD BLESS US ALL. (I AM A LICENSED REAL ESTATE BROKER NOW FOR SINCE 1973, DEVELOPER, EVEN PARTNER WITH A JUDGE AND ATTORNEYS AND MULTI MILLIONAIRES SO I DID NOT JUST FALL OFF THE TURNIP TRUCK, WITH A BS DEGREE)
Chase is a mere Debt Collector having Purchased [debt Buy] Wa Mu's post default, Breached Contract and Violated Fiduciary obligato for Debt Collection. and Interloper third party Trespass[er] on con-trick
What good would it do to send a rescission letter now since having allegedly closed the loan in 2005?
Call us immediately for Rescission litigation strategies and lawsuit support at 818.453.3585 and ask for Sara or Steve.
We can offer a free consultation and litigation support nationwide from our paralegals and supervising attorneys. M-F 9-4.
Rescinded during foreclosure by rescission letters to lender, servicer, MERS, & Chase on first and second refi mortgages in June, 2007. Got acknowledgement with rescission letter being forwarded to new servicer, EMC (for Chase). Still in house 8 years later. Have not paid since 2006. Thru 4 judges local court will not recognize rescission but have high hopes now that mortgage and note are void (since 2007). Servicer says I owe $550,000 on a $65,000 second mortgage which was the only new money, if that. Chase claims, long after 20 day period, that my TILA complaint was bogus. Am having trouble with my Brydges and Oh and Assoc. attorneys understanding SCOTUS ruling re 20 day window.
I sent and recorded Rescission letter in 2012 based on fraud and nondisclosure. They ignored it totally until now. They brought it up in another matter in court as they are trying to get more money from me. I have 2 weeks to respond. I don't know where to go now for help.
Not sure if it is appropriate in our situation. This is confusing. Who does rescission apply to, what situation? The foreclosure was filed in 08 and dismissed over 3 years ago. Waiting to see if they are going to refile it, but we know the assignments are fraudulent. Now we get letters from some collection agency (they state it is not an attempt to collect a bill) but they act like they now hold everything. Not even sure how they got in the picture, because the foreclosure was US Bank as Plaintiff. The original loan was with Franklin NC. And in the midst of that there is an assignment to BOA, but it's also messed up. The house belongs to my boyfriend, he filed bankruptcy back in 2010 in the middle of the foreclosure and moved out. They have racked up close to 500,000.00 of costs, etc., and the house is now only valued at 150,000.00. There is also a 162,000.00 IRS lien involved. He didn't even know they dismissed the foreclosure until several months ago when he learned he still legally owned the house. So, we moved back in since it had been sitting vacant for 5 years! I am a paralegal, have done hours and hours of research on all of this, but to say I am overwhelmed would be an understatement! Waiting for the bomb to drop :/ and saving money for a lawyer in the meantime....
I don't even know what rescission is. My original bank was Taylor Whittaker and bean. Bank of America took over and tried to foreclose many times. I filed bankruptcy and tried to get a loan modification but was denied every time. Now during bankruptcy bank of America sold my loan to carrington and now carrington is foreclosing on me and I am now after all this time going to lose my home. Wud this rescission help me in any way?
Need to determine if the original loan through Bank One (AKA Chase Bank) was table funded and not from bank funds. I have the name of the "Chase Fund" but do not know if it is a MBS or not.
Now what? My attorney "thinks" it will go nowhere. Can you represent me in this proceeding? Assume they don't respond...or file a lawsuit in 20 days...what then? Are they legally required to file a lawsuit?