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Consumer-Law-Advocates

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We provide Forensic Truth-in-Lending Act (TILA) Audits, academic professional consultation for trial attorneys, and identify remedies for you, the homeowner.
 
Our Forensic TILA Audits specifically focus on evaluating substantive rights to rescind or cancel a mortgage loan transaction. We also academically teach consumer advocates to do forensic audits of mortgage loans.
 

Warning
TILA Audits that use standardized check-off lists without providing a mathematical determination of the TILA Disclosure Statement and amounts are NOT Forensic Audits.  A check-off list TILA Audit describing potential violations as "Serious," or "Moderate" is incompetent and useless.  A Forensic TILA Audit must provide accurate TILA; Regulation Z citations, case law precendent, as well as actual computation of all settlement service fees allocated in the TILA Disclosure Statement or the Audit will NOT withstand scrutiny by legal authorities.  Do not be fooled by imitations using standardized check-off lists.
 
Our primary academic resources teachs you & all consumer advocates the following objectives:
 
  • STOP FORECLOSURES
  • Rescission is a complete defense to a Foreclosure
  • Learn to Perform Forensic TILA Audits
  • Accurate Assessment of TILA Disclosures
  • Determination of Substantive Rescission Rights
  • Enforcement Strategies Terminating Predatory, Over-Reaching, Oppressive & Abusive Lending Practices
  • Rescission by recoupment rights do not
    depend upon the happenstance of whether the consumer lives in a judicial or non-judicial foreclosure state
  • Utilize RESPA as an effective tool against incompetent and recalcitrant Mortgage Servicers
 
You are entitled to "Material" disclosures.  A failure to provide you accurate and proper "Material" disclosures entitles you, the homeowner, to rescind or cancel a mortgage transaction up to three-years (3).
 
Truth-in-Lending Rescission Rights arise automatically only when the transaction meets all of the following criteria:
15 U.S.C. § 1635; Reg. Z § 226.23
  • It is a consumer credit transaction
  • In which a non-purchase money lien or security interest is or will be placed
  • On the consumer's principal dwelling

Any credit transaction involving a home, other than the transaction for its original purchase, that is less than three-years (3) old must be examined for Truth-in-Lending violations.

 

If the original transaction for the purchase of your home has been replaced by refinancing or loan consolidation of the original mortgage loan by itself or with pay-off of other debt, the transaction is non-purchase money and rescindable.

Truth in Lending is a powerful tool providing an extremely beneficial remedy for anyone facing foreclosure. TILA rescission also provides you an extremely beneficial remedy when you are seeking a work-out or struggling to meet payments on a home mortgage loan with onerous terms.
 
  •  Indeed it is so powerful a right that one Court has held it may be malpractice for an attorney to fail to advise a client of her rescission rights. See In re West, Clearinghouse No. 46,795 (E.D. Pa. 1992)
 

Consumer – Law – Advocates

Dale Hollis

P.O. Box 593041 

San Antonio, Texas 78259

830 - 980 - 3626 

rhollis1938@gvtc.com

 

www.consumer-law-advocates.com

 
DISCLAIMER: We are not attorneys, nor are we engaged in the practice of law.  We are not "Foreclosure Consultants" or a "Debt Relief Agency."  We do not seek any lien instruments whatsoever.  If you need legal advice, please contact a professional competent attorney