PART I – CLUELESS KANGAROO – When the Court Jumps Over the Facts and Awards Foreclosure to the Banks

By Sydney Sullivan

PART I – CLUELESS KANGAROO

KANGAROO JUDGEWe see all sorts of cases in foreclosure defense and just as many judicial personalities… goofy decisions, irresponsible and / or clueless judges but this one takes the cake! You would think that if you’re going to have your case heard by a trial judge – that he would be required to have some knowledge on the subject, right? Apparently, not in Hawaii’s Second Circuit Court.

A few years ago it appeared that many judges were just not up to speed on the foreclosure scheme, but lately it seems like there has to be a higher ilk that commands lower court to squash the homeowner and if they can afford to appeal, maybe then they’ll be worthy of some justice. Otherwise, presented with the evidence, acknowledging the bad paperwork and still ruling against the homeowner would be crazy or corrupt… or maybe both. This appears to be a case that would certainly seem to fit that synopsis. Continue reading

Rescission: Putting the Pedal to the Medal — Window of Opportunity for Borrowers Might Close

Thoughts or comments?

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For further information or assistance please call 520-405-1688 or 954-495-9867.

The Pilot Program on rescission ends April 14.

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TILA rescission procedures appear to apply to all loans. Whether the facts support TILA rescission is another matter. If you send a notice of rescission and you are incorrect about your ability to cancel the loan, then the bank can file an action within 20 days of receipt of the notice to file an action saying that the rescission should be blocked. Otherwise the rescission is effective by operation of law from the moment it is dropped in the mailbox. Not all closings are as clear as the banks would have the court think. While there are restrictions on when a borrower is entitled to cancel the loan, those are questions of fact that must be raised before the 20 day window expires. That’s how we see it and we think…

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