If you ask most people they would probably tell you that the foreclosure crisis is over, and that we’re in the middle of a housing recovery. The fact of the matter is that foreclosures are continuing, but the banks have slowed and managed the process a bit to keep the government off their backs. That’s the bad news. The good news is that a recent Supreme Court ruling has provided homeowners with a silver bullet that could stop a foreclosure in its tracks!
As spelled out in a January ruling by the Supreme Court, a homeowner’s right to rescind their loan could immediately stop a foreclosure. The right of rescission is essentially a consumer protection built into the Truth in Lending Act (TILA) that allows a borrower to rescind their loan if the lender failed to fully comply with all of the requirements of TILA. As you might imagine, TILA violations are incredibly common. So how does the right to rescind stop a foreclosure? It’s simple. From the moment you drop your notice of rescission in the mail, the note and mortgage are nullified. The bank can’t foreclose on a note and mortgage loan that have been nullified. The bank has 20 days to challenge the rescission, but until they have effectively argued that they have the right to enforce the note and mortgage (without being able to use the note or mortgage in their proof of standing, the foreclosure cannot continue. It should be noted that this only works on primary residences. It will not work on second homes or investment properties. This also works better on refinance homes than on original mortgages, but it is still possible on original mortgages (purchase money mortgages).
Once the homeowner has sent in a notice of rescission, they must be prepared to file an enforcement action (lawsuit) against the bank on the 21st day in order to force them to turn over the canceled note and repay all of the payments that were made on the loan. The amazing thing about rescission is that, once those 20 days are up, the bank has lost the opportunity to challenge the rescission.
My team used a rescission to stop a foreclosure in California on the day of the foreclosure! Not only does this provide homeowners with a powerful tool to stop foreclosure and stay in their house longer, it also creates an opportunity for investors to do some pretty amazing deals. During those 20 days, the bank could be more willing to negotiate the terms of the loan, or to sell it at a discount to an investor. The tides have turned and the banks are being forced to negotiate on our terms. No more begging the banks to accept our short sale and REO offers only to have them demand ridiculously high prices. We can now get the banks to the table and demand that they prove they have the right to enforce a loan.
This is a massive opportunity for real estate investors. If you know of anyone with a defaulted or underwater note, you need to get in contact with my office immediately at (706)-485-0162. I have spent the last two years building up a team of experienced attorneys and fraud examiners/forensic auditors who specialize in exposing fraud committed in the mortgage process and using that fraud as leverage to negotiate the sale of notes. This opportunity is not going to be available forever; we need to strike while the iron is hot!
We have a huge opportunity to help homeowners and do some great deals with multiple exit strategies. For more information, call me at 706-485-0162.