Articles of Interest


RESCISSION IS NOT A GIMMICK. IT IS PUBLIC POLICY! TILA is designed to punish banks who play outside the rules. It is designed to put all the power into the hands of the borrower. AND it has worked up until it stopped working with hundreds of erroneous decisions by trial and appellate courts that only got corrected by a unanimous Supreme Court opinion written by Justice Scalia.

The playing field is level again.

If the name of the real lender was not disclosed at closing, then is a TILA rescission effective?

My first answer is that if the rescission notice is sent, then the mortgage and note are nullified by operation of law unless the “lender” files a lawsuit within 20 days contesting the notice of rescission. So whether you were right or wrong, it would be my opinion that if the “lender” does not respond, the matter is closed and that is the end of the note and mortgage. And if there is no note and mortgage then anything that happens afterwards is void because you can’t get a foreclosure on a mortgage that legally does not exist even if a copy of the mortgage is sitting in county records. And a sale would also be void. That is the way I see it.

The answer is found in the court system. iIf the lender is not disclosed there can be no consummation because there is no loan contract unless you have at least two identified parties. If there is no loan contract there is nothing to rescind. But an admission from the “lender” or a finding by the court that TILA rescission is not available because the loan contract was never consummated or did not exist leads to one conclusion: the borrower still wins. The borrower can then sue to nullify the note, mortgage, debt, foreclosure and even foreclosure sale on the basis that they are void by operation of law because there was no deal. And the borrower could then, in my opinion, sue to have the banks and servicers return the monthly payments and other payments they collected on the nonexistent contract for all the money they collected. This too is supported by some case decisions where Bank of America and others have been required to disgorge money they received when they had no right to collect it in the first place.

For more information on rescission and case law references see:


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Americans With Disabilities Advocates is here to provide free legal assistance for persons with disabilities to remove structural and communication barriers where it is “readily achievable” to do so on the basis of disability in places of public accommodations (businesses that are generally open to the public and that fall into one of 12 categories listed in the American Disabilities Act, such as restaurants, movie theaters, schools, day care facilities, recreation facilities, and doctors' offices) and requires newly constructed or altered places of public accommodation—as well as commercial facilities (privately owned, nonresidential facilities such as factories, warehouses, or office buildings)—to comply with the ADA

The Americans with Disabilities Act of 1990 (ADA) prohibits discrimination and ensures equal opportunity for persons with disabilities in employment, State and local government services, public accommodations, commercial facilities, and transportation. It also mandates the establishment of TDD/telephone relay services. The current text of the ADA includes changes made by the ADA Amendments Act of 2008 (P.L. 110-325), which became effective on January 1, 2009. The ADA was originally enacted in public law format and later rearranged and published in the United States Code.

Americans With Disabilities Act
TITLE III 36.304 Removal of Barriers
Title III: Part 36 Non-discrimination on the Basis of Disability in Public Accommodations and Commercial Facilities

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Go Here for more Information see: Free Legal Assistance for Persons With Disabilities


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Collection Agencies and Your Rights


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