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Establish a Family Foundation
to obtain the tax savings, transfer tax liability, create a lucrative
retirement income, and establish a legacy
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Limitations
of the Federal District Court
The Cash Cows of Personal Debt
I Want The Earth Plus 5% -- an
allegory that's not a fairy tale.
Collapse of the Dollar: How
America Was Set Up to Take a Fall
Pycnogenol--the
natural super-antioxidant for relief of most chronic disorders
Seroctin--the
natural serotonin enhancer to reduce stress and depression, and
enjoy better sleep
Plant Magic is Organic Gardening Nature's
Way
Accelerated Mortgage Pay-off can
help you own your home in half to one third the time and save many
thousands of dollars.
Dream Catchers
of the Seventh Fire
A New Beginning: A
Practical Course in Miracles
1 INTRODUCTION
2 HISTORY OF COMMERCE
3 RESPONSIBILITY
4 REDEMPTION
5
POWER OF ACCEPTANCE
6
BEING A DIPLOMAT
7
BEING A SOVEREIGN
8
PRIVATE BANKING
Draft Freedom
can mean the difference between life and
death and show the way to your true and natural freedom.
Child Protection:
How to keep bureaucrats out of family affairs
Drug Smuggling
Is Another Way that the Money Powers Have Profited
from Control of Government
Why Taxes Are Not Necessary
Income Taxes are Cartoon Images of the Law
Hidden Truth about Income Taxes
Stopping an IRS Audit with 32 questions
Social Security Number and W-4
Recording a Notice of Lien as a Lien
Agent Reveals IRS is a Fraud
CAFRs Are the True State of the State, Not Budgets
Comprehensive Annual Financial Reports Expose Fraud 1
Comprehensive Annual Financial Reports Expose Fraud
Links to State Comprehensive Annual Financial Reports
Behind the Stock Market Illusion is Government
Collusion
Sonic Bloom
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I've used Sonic Bloom™ in my organic garden. It works!
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Your Credit File Rights
For debt elimination to be successful
you must know your rights.
Zombie Debt:
Debt is Hard to Kill
There's a hot new growth
industry: companies that buy ancient bad debts for pennies and squeeze
you to pay. Here's debt elimination ideas how to get them off your
back.
Sleazy
New Debt Collector Tactics
It may not be your debt,
but it could be your problem. Collection agencies are bullying
blameless consumers into paying debts they never owed. Eliminate your
debt and be free.
Debt Collection Practices: When
Hardball Tactics Go Too Far
Dealing with a debt
collector can be one of life's most stressful experiences. Harassing
calls, threats, and use of obscene language can drive you to the edge.
Debt elimination is the solution.
An
Outcry Rises as Debt Collectors Play Rough
The rise in American consumer debt
has been accompanied by a sharp increase in complaints about
aggressive and sometimes unscrupulous tactics by debt collection
agencies, a phenomenon that has government regulators increasingly
concerned. Debt elimination removes any advantage they claim.
Debt Collection Puts on a
Suit
As consumer loans hit an all-time
high, the industry gets more sophisticated. That means that debt
elimination skills must are even more important.
History of Banking Fraud:
The Coming Battle
By M. W. WALBERT
The Coming Battle
documents from Congressional records, newspaper reports and writings by
the founding fathers and others a chronology of events long forgotten that
shaped our fledgling nation from 1776 to 1899. Read about the manipulation
of our money and its supply, the intentional creation of recessions,
depressions and panics, manipulation of the stock markets, and the
demonetization of silver.
Secrets of the Federal Reserve
by Eustace Mullins
Eustace Mullins' carefully
researched and documented treatise picks up from Walbert's expose' and
brings it to the mid 1980's
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Mortgage Analysis can lead to successful legal action against the Lender
March
15, 2006
Our Worst Nightmare: The
Puncture of the Current U.S. Housing Bubble
The Fed is between the
proverbial 'rock and a hard place'. They engineered low interest rates in
the first place, both to keep the financial markets going, and in large
measure to keep the housing bubble afloat. They are now in the final
stages of raising interest rates to prop up the collapsing U.S. dollar and
to forestall rampant inflation. Were they to initiate one quarter percent
increase too many it would destroy the interest rate environment that is
essential to keeping the housing bubble alive; to keeping consumers
spending at a high level thereby keeping the economy growing; to keeping
corporate sales and profits high thereby keeping the stock market healthy.
Have they gone too far already? The bubble seems to be loosing air slowly
at this point but what will the impact be of the next increase? The impact
of one too many rate increases on such a chronically debt-ridden and
maladjusted economy must not be over estimated.
Holding a mortgage with low
to moderate equity when this happens can be disastrous to individuals
because with falling property values, the homeowner must come up
additional equity to forestall foreclosure.
Mortgage Analysis may
find violations of consumer protection statutes. The federal
Truth In Lending Act (TILA) was
originally enacted by Congress in 1968 as a part of the Consumer
Protection Act. Designed to protect consumers in credit transactions from
predatory lenders, the law
requires clear disclosure of key terms of the lending arrangement and all
costs. The law was simplified and reformed as a part the Depository
Institutions Deregulations and Monetary Control Act of 1980.
In 1995 the Truth in
Lending Act was given more teeth and the fines doubled. If it is possible
to do so it can be worth the time and expense to refinance to get a
mortgage qualified in the more stringent law. Any mortgage or deed of
trust signed after September 30, 1995 is covered by this modification of
the law. You might also find it helpful to refinance so that your mortgage
falls within a three-year right of rescission.
Current Trends in Residential Mortgage Litigation
show that consumer protection statutes can turn the tables on the lender
if you have a qualified professional do a mortgage analysis.
When
you applied for your mortgage did the bank give you the contract and give
you three days to examine it before you signed it? if not, this is a title
violation. Did the bank sign wherever
you signed? If not, that is a title violation of the TILA. Each missing
signature is a violation. In fact, if the lender does not provide you with
fully executed documents within 48 hours of your signing, the mortgage is
null and void. The
right of rescission, the right to take
back your agreement extends for three years. But that is three years AFTER
receiving properly and fully executed documents. And there are many more
violations, usually 25-35 on each mortgage when an expert mortgage
analysis is completed.
If you are a victim of predatory lending or home loan
fraud, you may be able to void the mortgage and be awarded your home free
and clear of debt. You may also be able to recover money damages in the 6
or 7 figures range. Ocwen Federal in Corpus Christi lost security interest
in a home AND paid over $3 million in penalties. Mortgage analysis
can determine if you qualify for this process.
If the answer to any of the following questions is "yes,"
please get out your mortgage closing documents and have our mortgage
analysis experts analyze them for violations.
1) Have you repeatedly refinanced your loan? Was the last
refinance within the last 3 years?
(A common predatory practice is "flipping," which involves
"repeatedly refinancing a mortgage loan without benefit to the borrower,
in order to profit from high origination fees, closing costs, points,
prepayment penalties and other charges, steadily eroding the borrower's
equity in his or her home.")
2) Did you increase rather than lower your interest rate upon
refinancing?
3) Are you paying an interest rate in excess of 9.5%?
4) Was the loan obtained to pay for home improvement work that
was not done properly, or even at all?
5) Have you had problems with the mortgage company regarding
untimely posting of monthly payments? Sudden increases in payments? Adding
amounts to your balance for insurance, "property preservation," or other
"advances"? Does your principal balance never seem to go down?
6) Were you charged high closing costs (points and fees) on
the mortgage?
7) Did the terms of the mortgage change to your detriment at
the last minute before the closing?
8) Did the lender pay money to your mortgage broker (look on
your HUD-1 Settlement Statement for a "premium" or POC (paid out of
closing) or "YSP" ("yield
spread premium")?
9) If you have an adjustable rate mortgage, were any
adjustments done improperly? Can you even tell if the adjustments were
correct or not?
10) Does your loan contain a prepayment penalty?
11) Do you believe you were treated unfairly by your
mortgage company? Has correspondence with the mortgage company gone
unanswered? (Mortgage companies have a statutory obligation to respond to
complaints and requests for explanations of accounts. Often, they don't.
Each failure may entitle you to $2,000. If your claim against the mortgage
company may exceed the number of monthly payments you allegedly missed,
the mortgage company may not be able to prove that you are in default.)
12) Did all collection letters sent to you by debt
collectors comply with the
Fair Debt Collection Practices Act?
(Up to $1,000 in fines are available to you if they did not.)
13)
Did you (or anyone else who has an ownership interest in and lives in the
house) receive a "notice of right to cancel" that was not completely
filled out?
14) Did you receive your copy of the loan documents at the
closing (as opposed to being sent to you later or did the closing agent
send you signed copies at all)?
15)
Did you sign a document at the closing stating that you were not
canceling?
16) Did the closing occur by mail, or at your home, or in
another city?
The Mortgage
Analysis professionals are expert at finding these violations and
using them to prepare a legal complaint that can be used to bring the bank
to the negotiating table. Banks are not in a very enviable position since
they have clearly violated the law and if repeatedly caught doing so could
lose their charter. They might settle without any court action required.
If they do force you to sue them, the law is on your side, they know it,
but they just wish to test your nerve. An experienced mortgage analysis
professional can prepare the papers that will bring them to the table. All
an attorney must do is use his or her knowledge of courtroom procedure to
take the paperwork to a successful conclusion.
The Truth in Lending Act is extensive and powerful. This is what is called
"black letter law," There is no wiggle room. The Congress passed it,
President signed it and Courts have upheld it. Lenders are required to
follow the guidelines laid down in the statutes and serious penalties are
available for lenders who violate these guidelines. Penalties include
canceling the loan and transmitting a clear title to the Borrower, and
often paying a large fine. Some have been in 7 figures.
Here's your NEXT STEP
If the mortgage or deed
of trust has been sold to another lender, both lenders are liable for any
and all violations of the Truth in Lending Act. No matter how many lenders
are involved the liability extends to all.
The
Truth in Lending Act (TILA),
Title I of the Consumer Credit Protection Act, is aimed at promoting the
informed use of consumer credit by requiring disclosures about its terms
and costs.
Nearly every mortgage and deed of trust has at least nine serious
violations and average 25-35 or more. Trained mortgage analysis
professionals can find these violations in your paperwork and then apply
the available remedies. It's possible that letters to the lender informing
them of all their violations will bring them to the bargaining table.
Other times, a court action is necessary. We have attorneys ready to take
your case for a small retainer plus a contingency fee based on fines
collected from the lenders.
This is one of the
strongest
remedies for foreclosure, eviction, or bankruptcy.
Before you take a beating that you don't deserve, you might wish to have a
Free Preliminary
Consultation
on the phone and if that points toward a successful process, you can opt
to have experts do a formal mortgage analysis. Whatever you decide, the
courts have a history of ruling in favor of the Plaintiff/Consumer in
Truth in Lending cases. See
Truth in Lending Act Case Law favors the consumer
Here's your NEXT STEP
It takes about 3-6
weeks to have the professional mortgage analysis done and complete
the legal papers, the accusatory letter (called the letter of rescission)
and/or the first complaint. If you are too far into foreclosure and need
to put on the brakes some people
stop the bank dead in their tracks by filing a chapter 13 bankruptcy. You
can continue living in your home while Mortgage Analysis
professionals find Truth In Lending Act (TILA) violations in your mortgage
contract and Note. If time is tight, don't delay, this may be the solution
for you to
prevent foreclosure
and keep your home.
If you are in foreclosure you can consider filing chapter 13 bankruptcy
that gives you time to reorganize your finances and the court will stop
the bank foreclosure immediately, regardless of your situation.
The part of the Truth in Lending Act
directly applicable to consumers is Regulation Z. A Regulation Z loan is a
loan made to a consumer for personal, family, or household purposes.
Business purpose loans are exempt from Regulation Z and thus the
rescission rules, even if they are secured by residential property.
The right of rescission is a consumer protection law found
within the
Truth in Lending Act
and
Regulation Z.
When applicable, the law
allows consumers the opportunity to reconsider certain obligations for
three days after the loan is closed. During this "cooling off" period,
consumers are free to change their minds and rescind, or cancel, the deal
for any reason. When a transaction is rescinded, all parties must be
returned to their pre-transaction position—the transaction is cancelled.
The right-of-rescission rules are technical, and the consequences of
noncompliance can be very costly to an unwary or careless lender.
The right of rescission applies to non-purchase money
(money used to construct the home on a lot), Regulation Z loans in
which a security interest is taken in a consumer's principal dwelling. A
Regulation Z loan is a loan made to a consumer for personal, family, or
household purposes. Business purpose loans are exempt from Regulation Z
and thus the rescission rules, even if they are secured by residential
property. Normally, a consumer can only have one principal dwelling at a
time. So loans secured by vacation property, cabins, or trailers
generally are not covered. The right of rescission does NOT apply to loans
to purchase the consumer's principal dwelling. In other words, the right
of rescission only exists when a home is pledged for a loan made for a
reason other than to build a new home.
The right of rescission requires lenders to provide certain
"material disclosures" and multiple copies of the right of rescission
notice to EACH owner of the property. Following proper disclosures,
lenders must wait at least three business days (until you are reasonably
satisfied that the owners have not rescinded) before disbursing loan
proceeds.
Lenders must provide the owners with material disclosures,
disclosures that include information such as the APR, the finance charge,
the amount financed, the total of payments, and the payment schedule. In
most cases, this means that you must give the Reg Z closing documents to
each property owner. It may seem odd to give these disclosures to people
who are not borrowers, but these disclosures provide important information
that consumers need to consider when deciding whether or not to go ahead
with the transaction. When someone is pledging their home, they have a
right to get this information.
In addition to the material disclosures, Reg Z requires
that each owner receive two copies of a Notice of Right To Rescind.
The three-day right of rescission period begins once the
material disclosures and notice have been given, and lasts three full
business days. Business days are defined by Reg Z to include all calendar
days except Sundays and federal holidays. Saturday IS considered a
business day for rescission purposes, regardless of whether bank offices
are open.
Reg Z allows borrowers to waive their rescission rights,
but this exception only applies in very limited circumstances. The law is
protective of the right of rescission.
Borrowers may waive their rescission rights and receive
their loan proceeds immediately only if they have what is called a "bona
fide personal financial emergency." This means a financial emergency of
the magnitude that waiting an additional three days will be personally or
financially devastating to the borrower. It might include situations
involving natural disasters such as flooding, or a medical emergency that
requires immediate funds. Waiving the right of rescission is not a common
practice, mostly because doing it wrong can backfire and create a
rescindable loan, causing all kinds of problems down the road.
There are serious consequences to the lender for failing to
follow the right-of-rescission rules. First, until a lender provides the
material disclosures and the proper Notice of Right to Rescind, the
three-business day rescission period does not start to run, and the
transaction remains rescindable for up to three years. And once you
rescind a transaction, the security interest in the property becomes void
and the lender must reimburse the consumer for all of the finance charges
collected over the life of the loan.
The big question is whether you are within
the right of rescission window. Was your mortgage signed less than 3 years
ago? If not we recommend either a refinance to bring it up to date or, if
you are in foreclosure, file bankruptcy temporarily so we can get the
papers ready to take you OUT of bankruptcy by filing an action against the
lender. More details at
Frequently Asked Questions
about Mortgage Analysis
The key to a successful action against
the predatory lending practices of lenders is accurate, complete paperwork
that properly cites the statutes and case law. That is what an
experienced, well-trained mortgage analysis and compliance professional
can do for you.
Here's your NEXT STEP
Taking Back Your Power
by Allen Aslan Heart
WHAT CAN YOU DO? Stop playing THEIR game. Take back
your power. Stop paying taxes that are not legal or lawful. Stop paying
bills you don't really owe. Stop using THEIR money. There ARE ways if you
open your mind and look for the gaps in their fences that keep the sheeple
in their pasture. Are you chattel or a real person? You are the one who
makes that choice.
Our experienced
debt elimination service professionals have been
helping people with debt elimination,
tax freedom, and
credit repair for over
ten years. To contact them
click here.
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