Neil Garfield has repeatedly asserted on his blog that all a borrower needs to do is send a rescission notice to the creditor in order to effectuate a rescission, whether or not a TILA violation occurred. And he has tried to con ignorant borrowers into paying $3000 for his useless “TILA RESCISSION PACKAGE” of related legalistic puffery.
Here’s proof that Garfield’s theory of TILA rescission, and of the SCOTUS Jesinoski opinion, is plain wrong.
In 2018 the Jesinoskis appealed the District Court ruling against them, and the 8th Circuirt Court of Appeals held this:
<blockquote>On remand, the district court granted summary judgment, concluding the signed acknowledgment created a rebuttable presumption that the Jesinoskis had received the required number of copies. The court also concluded the Jesinoskis failed to generate a triable question of fact rebutting the presumption. We affirm.</blockquote>
<a href=”https://scholar.google.com/scholar_case?case=13589908972768400499″ rel=”noopener” target=”_blank”>JESINOSKI v. Countrywide Home Loans, Inc., 883 F. 3d 1010 – Court of Appeals, 8th Circuit 2018</a>
You can interpret this to mean that a TILA violation is a condition precedent to TILA rescission. No violation = NO RESCISSION.
What a Mess Mark Stopa Made
Look at this mess. Florida Foreclosure Pretense Defense Attorney Mark Stopa loses his bar license, and a well-intentioned attorney takes over his business. The below email had an attached letter that includes the Florida Supremes’ order suspending Stopa from the practice of law and says his law firm has been dissolved.
It happened because Stopa cheated Foreclosure Defense clients.
Here is Mark Stopa getting hammered in court for bad behavior.
- Here’s the referee report denouncing Stopa’s reprehensible conduct.
- Here’s the record of Stopa screwing over clients.
- Here’s the Florida Supreme Court order suspending Stopa from the practice of law.
- Here’s the Bar record showing Stopa will lose the right to practice law after exhausting his appeals.
- Here is the email message that attorney Richard Mockler has sent to Stopa’s actual and intended victims in an effort to recruit them as clients.
Date: Fri, Aug 17, 2018, 12:55 PM
Subject: Important Time Sensitive Message
Dear Client, Attached is an important letter concerning your case with Stopa Law Firm, P.A. Please review attached letter and stipulation. It is important that you respond. We thank you for your attention to this matter.
———- END of Forwarded message ———
Why Foreclosure Defense Attorneys Deserve Censure
Now it’s time for a little honesty. Mark Stopa and thousands of attorneys like him deserve censure and public humiliation because of their horrific record of cheating their desperate foreclosure victim clients out of money and an honest advocacy. Such attorneys have built their practice on pretending to defend clients against foreclosure, but without doing any research to discover precisely who injured the clients in the loan transaction and how the injuries happened.
If they had done honest research, they would have discovered that upwards of 90% of home loan borrowers have suffered appraisal fraud, mortgage fraud, contract breaches, regulatory violations, legal errors in their documents, servicing abuse, and/or legal malpractice by the attorneys they hired to help save their home.
Why Typical Foreclosure Defense Attorneys Cannot Help Mortgage Borrowers in Trouble
Even the attorney taking over Stopa’s failed practice thought he could help keep foreclosure victims IN their homes.
But, he concluded that he can’t keep the clients in their homes. He could only do what Stopa did – delay the client’s loss of the home while charging absurd annual and/or monthly fees for the hand-holding until the inevitable foreclosure final judgment and sale of the home occurs.
Why? Because Stopa and other Foreclosure Pretense Defense attorneys NEVER do the full investigation required to prove that someone injured the borrower in the loan transaction. And so, they DO NOT KNOW whether and how the borrower got injured. Therefore, they cannot take legal action against the perps to win compensation for their mortgage victim clients.
SO, they can only DEFEND by seeking a dismissal without prejudice for failure to fulfill conditions precedent to foreclosing, or for lack of standing, or tolling of the statute of limitations. That means the right creditor will correct his errors and foreclose again, this time winning a final judgment.
What It Takes to Win Compensation
Unless the practitioner PROVES someone involved in the loan transaction or associated activities INJURED the borrower who faces foreclosure for breaching the note, then the vast majority of such borrowers will lose their homes to foreclosure, and the pretender defender attorney will merely delay the process while bilking the foreclosure victim out of monthly payments for the privilege.
In order to discover such injuries, a professional team must analyze the background story of the loan and examine every document in the loan transaction from day one to present time, including litigation documents, servicer correspondence, closing papers, appraisal, loan application, forbearance agreements, loan modification efforts, etc. Few if any (NONE that I know of) foreclosure pretense defense attorneys have such skill. Even if some had the skill, they would charge upwards of $15,000 to $20,000 at their hourly rates to do the examination, analysis, and reporting, which take 40 to 60 hours. What foreclosure victims can afford that?
Why Foreclosure Pretender Defenders Commit Legal Malpractice
The foregoing explains why foreclosure defense attorneys only pretend to defend against foreclosure, and never win actual compensation for their client’s injuries. And yet, those attorneys hold themselves out as experts in the law.
Think about this. The creditor accused the borrower of breach of contract by failing to make timely payments. Doesn’t it make sense that the defending attorney should investigate the circumstances and documents related to the contract in order to find out whether the contract is valid and whether the client suffered injuries in it?
An attorney commits legal malpractice who takes on such a client and fails to perform a comprehensive investigation and go on the attack for the injuries discovered. And that can justify a legal malpractice action against attorneys like Mark Stopa. But again, what foreclosure victim can afford such an action?
The Ultimate Solution for Mortgage Victims
The only solution to the above dilemma lies in finding an affordable mortgage examination service. The borrower should buy that service, and use the information in the examination report as the basis for demanding settlements from the injurious parties, or for filing actions for fraud, breach of contract, and breach of regulatory laws. In the vast majority of situations, the injurious parties far prefer settling with the borrower than fighting the borrower in a court case that the borrower will surely win.
For more information on the right way to attack the validity of the loan, see http://mortgageattack.com, and fill in the contact form.
Consumer Advocate and Mortgage Attack Maven
727 669 5511
Mortgage Fraud Examiners has been warning homeowners for years that contractually they must send a “grievance” letter to their bank/servicer of any wrongdoing within their contract before filing a lawsuit, or they’ll get booted out of court. The bank’s are beginning to catch on: https://scholar.google.com/scholar_case?case=18360324978391780375&hl=en&as_sdt=6&as_vis=1&oi=scholarr