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Discussion of proactive and reactive approaches to strategies after TILA rescission is sent and recorded. Tonight w etalk about all the different things that should be considered when pursuing a TILA rescission strategy. This might actually be the real magic bullet. So maybe youa re already in court andmaybe you're not. What are your options?
See www.livinglies.wordpress.com --- the largest site on the internet providing information and support to homeowners for more than 8 years. 4,500 articles, together with free forms and resources.
I will be discussing THE RULES OF THE ROAD FOR TILA RESCISSION AND WHAT HAPPENS AFTER A NOTICE OF RESCISSION IS MAILED.
When that notice of rescission is mailed, THAT is when the rescission is effective and THAT means that the note and mortgage are void. The trick here is to avoid getting drawn into an argument about whether there was something wrong with the rescission. Nobody has a right to raise that unless they have standing. And then it is a question of fact whether they prove that the rescission was defective in some way.
All rescissions are effective when sent whether they are disputed or not. Raising the issue of a statute of limitations is a dispute.
So what happesn after notice of rescission is given?
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The only jurisdiction the court had was based upon the allegations based upon the note and mortgage. The rescission removed the note and mortgage as valid instruments as of the date of mailing the rescission. Hence unless one or more of the parties allege that they are the owner of the debt and the end of the line in the "chain" (and then prove it) none of the existing parties have standing to dispute the rescission which, as Justice Scalia said on behalf of a unanimous US Supreme Court, was effective on mailing regardless of whether it was disputed or not.
Minds Up Radio wants you to meet Polarity Healer - Deliberate Creation Expert Hue Anh Nguyen
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in Self Help
Based in the heart of Silicon Valley, Lynda Nguyen is one of Northern California's most dynamic Confidence Coaches. With high level Executive and Corporate clients, she is sought after for her inspiring command, her multi-dimensional approach (wide range of modalities), and sharp intuitive skills. Certified as a professional Life Coach, Lynda uses Counseling Psychology. With a Masters in Hypnotherapy, her concentration is in Medical Hypnotherapy. Certified as a Master NLP Practitioner (Health certified), she offers forward moving approaches, connecting language and behavior patterns. Motivational, Inspirational, and Empowering, she graduated from the distinguished FIRE (beside leaders such as Tony Robbins and T. Harv Eker) - She is a certified Firewalking Instructor. Combining it all with result oriented spiritual wisdom, Lynda is a Kundalini/Tantra yoga teacher. She specializes in transformative breath-work techniques. Embodying a mind, body and spirit holistic approach, both in her practice as well as everyday life. Co-Founder of Friendtier, Lynda believes in friendship, community, connection, and showing up for life in big ways! Facebook page: https://www.facebook.com/coachlyndamahan Email Lynda@lyndanguyen.com
News Anchor, reporter and mother of 5, Dolly McCarthy, is juggling her career, kids and laundry! She's a good friend, a good listener and an all-around good gal --born & raised on Chicago's northwest side! In her "spare time, Dolly produces a weekly radio show. Listen to her every Thursday morning at 9:30 a.m. CDT for a dose of good news, good guests and a good laugh! The Dolly McCarthy Show can be heard onwww.blogtalkradio.com/TheDollyMcCarthyShow;Touhyville.com; Slam Internet Radio Network, 1530 AM WCKG and Rivet Radio in Chicago.
LA Lawyer Patricia Rodriguez (TILA Rescission is boiling over the top. And there are differences between non-judicial states and judicial states. The main problem though is that desperate homeowners are hearing something different than the real message: rescission is as close to a magic bullet as we have seen but it is still susceptible to multiple issues in litigation. Rescission is certainly effective upon mailing and that appears to be true even if the notice is wrongfully sent. The burden of vacating the rescission is on the so-called lender. But there are still circumstances where the notice of rescission itself may well render it void even if mailed. Admitting that the transaction was consummated on a specific date where the rescission letter itself has both the consumamtion date and the date of mailing might encourage judges to strike down the rescission or vacate it because it is void on tis face if the notice was sent after the three year period. It is true that the statute of limitations is an affirmative defense and that the ability to raise an affirmative defense depends upon your standing to raise the issue. Patricia Rodriguez agrees that the argument could still be made that the rescission is effective but the more information on the recission, the more likely the Judge will find the rescission void on its face even if mailed.
in Real Estate
Join real estate influencer and leader Vija Williams and her husband co-host Ben Williams for Real Estate radio via Vija. This week they talk to Cody Touchette, of Caliber Home Loans, about the new TILA RESPA Integrated Disclosure Rule, which went into effect August 1, 2015. Cody will talk about the important changes, their impact on future transacations and what you need to know to be sure your closings happen on time and glitch free.
This is a weekly show where we talk about what's buzzing in the Puget Sound real estate market and across the nation. Vija Williams is a well known real estate agent in the Seattle area and her husband co-host is also a Realtor in Seattle. Vija and Ben discuss consumer and industry related topics in a fast-paced, witty and entertaining way.
Tonight we are covering the topic of whether we can interpret, argue or philosophize about TILA rescission. The answer is yes, provided it is outside the courtroom. We will also be covering recordation of the notice of rescission under state law. And the main point of argument about the TILA rescission provision that says that the right to rescind expires after three years from the date of consummation. Let me just say that when the SCOTUS says there is no room for argument or discussion that is the end of the matter because they are the court of last resort. There is nothing to revisit in a lower court except correcting prior unlawful decisions that ignored rescissions.
We're going to have a fun and entertaining show today, blowing off some steam by returning the favor to the Bartlesville, OK troll who released audio of Councilwoman Nguyen and then was unhappy at LESMA's tactics, so he gave us some publicity. This is going to be fun. Join us for some laughter and harsh truths that the troll doesn't want you to hear.
Call in and share your thoughts and join in the laughter. 347-850-8154
**Please Note** If there are breaking stories or pressing LE matters that we need to address, those will take precedence over the audio clip.
Anh Nguyen likes to describe herself as a ‘marketing and sales chick with a love of strong coffee, cool techy stuff, social media, martinis, photography and travel’ – not necessarily in that order. Anh has a varied background, having been in banking, advertising, educational travel, and payment processing. Through her various endeavors in the business world, Anh has had one goal in mind – to be an entrepreneur. Entrepreneurship runs in her family, with both parents being small business owners. The key was to find the “right thing” at the right time.
Meeting her late business partner enabled Anh to start on her journey as an entrepreneur with a venture in the payments industry. Recently, Anh returned to her marketing roots with the launch of Amplified Marketing, working with B2B organizations on their marketing needs and processes.
Anh is passionate about helping business owners by being a trusted partner in all aspects of their business. Her varied experience and skills set, which were developed over the years, have proven to serve her and her clients as well.
Her next goal? To be a serial entrepreneur
Welcome back to another episode of Cage Side Submissions, We plan to provide you with unique and fun-filled SHOWS. News, highlights, and interviews Please feel free to call in with your questions and comments at anytime. 657-383-0267 For our Host Steve Rychel (@CSSRadio) And Host Rachael Blaze (@RachaelBlaze)
Our First Guest is Pro Lightrweight Zack Grossman 1-0 (@GrossFaceKilla2) Training outta Renzo Gracie Philly Under Daniel Gracie Zack will be fighting Saturaday August 22nd in Cheswick,Pa at Gladiators Of The Cage 18 against 2-1 Jacob Bohn
Our Second Guest is Andy Nguyen (@FighterChic82) Made her Pro debut Saturday Vengance Fighting Alliance VFA6 And won Via Third Rd TKO
Our Third Guest is Actress Kari J. Kramer (@Kari_1229) who will be (@YanniCampo) one of the lead Knockaroud Girls in the the upcomming Fight Vally Movie Kari was born in Decatur, Ill. and raised in Columbia, Mo. She has been performing since childhood, winning several artistic awards. She graduated Cum Laude from Texas A&M University-Commerce with a degree in both Journalism and Agriculture. Following college, she ran a newspaper in East Texas before returning to television and film. She credits her abilities to the great deal of time she spent behind the camera before returning to acting full-time.
Our Final Guest is Susie Celek.(@Susiecelek) Susie will be playing the role of Winsor in the up coming movie "Fight Valley" susie had already laid down her own athletic roots in amateur boxing & had begun founding, Skin Palette, recognized as “Best of Philly 2012,” Allure magazine’s “Perfect Tans” 2012, and InStyle magazine’s “Best tans in Pennsylvania.Susie’s other work includes one of MMA’s first female correspondents & sideline reporter for CFFC,
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