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THE # 1 FORECLOSURE DEFENSE MECHANISMS

The most powerful foreclosure defense mechanism afforded consumers by Congress is the extended right to rescind a mortgage transaction pursuant to the Truth in Lending Act and its implementing Regulation Z.

Rescission of a mortgage:

·    Immediately Stops Foreclosure

·    Voids the Security Interest (Mortgage/Deed of Trust) in the Consumer's Residence Nullifies the Consumer's   Obligation Under the Promissory Note

·    Requires the Creditor to Refund Closing Costs

·    Extinguishes All Finance Charges

·    Cancels Prepayment Penalties

·    Requires the Creditor to Return to the Consumer All Sums Paid Over the Life of Loan May Result in Forfeiture of the Entire Principal when a Creditor Willfully Violates the Statute

·    Triple Damages May be Awarded by a Court if Litigated

·    Reimbursement for the Consumer's Legal Fees and Costs are Mandated

·    Actual and Statutory Damages are Awarded Consumers in a Successful Action

In summary, tens of thousands of dollars in debt relief and monies paid are recoverable to consumers found to have viable rescission rights under the federal Truth in Lending.

83% of Mortgages Have Violations.
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Not Legal Advice

The information presented on this Web site is not to be construed as legal advice. Legal advice must be tailored to the specific circumstances of each case. Every effort has been made to assure that this information is up-to-date as of the date of publication. It is not intended to be a full and exhaustive explanation of the law in any area. This information is not intended as legal advice and may not be used as legal advice. It should not be used to replace the advice of your own legal counsel.

Copyright © 2008. U.S. Lender Audit, LLC. All Rights Reserved.

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