KABOOM – PAUL NGUYEN v. CHASE BANK – Deed of Trust Voided, Promissory Note Rescinded, Absolute Victory

You all remember Paul Nguyen in California right??? LINK – California Love – Nguyen et.al. v. Chase Bank USA, NA; Chase Home Finance LLC. et.al. I dont know how many people take it upon themselves to challenge their bank; but I was an experience I will never forget.  I challenged Chase on my mortgage based on … Read more

It’s All About the Principal: Preserving Consumers’ Right of Rescission Under the Truth in Lending Act

Abstract: This Article explores a significant market-based threat to the Truth in Lending Act’s right of rescission, a remedy that attempts to deter lender overreaching and fraud during one of the most complex financial transactions of a borrower’s lifetime. The depressed housing market has substantially impaired many borrowers’ ability to fulfill their responsibilities in rescission’s … Read more

TILA Rescission Success Without Tender – HENRY BOTELHO, Plaintiff, v. U.S. BANK, N.A., as Trustee for the LXS 2007-4N Trust, Defendant

HENRY BOTELHO, Plaintiff, v. U.S. BANK, N.A., as Trustee for the LXS 2007-4N Trust, Defendant Defendant U.S. Bank, N.A., as Trustee for the LXS 2007-4N Trust (“U.S. Bank”), seeks dismissal under Federal Rule of Civil Procedure 12(b)(6) of a complaint filed by plaintiff homeowner Henry Botelho. Specifically, U.S. Bank claims that Botelho cannot state a … Read more