The Silver Bullet — TILA Rescission
By MCH Harper, published on December 19, 2015
Well, yes, I did do it. The responsibility falls heavily on my own head. I really did create my own financial fiasco, and all in alignment with what’s much required for my soul’s and many other’s evolution who chose to be here in this timeline. For whatever agreements and contracts have made with the Universe to come forth and “shed Light in a dark corner”, currently, I find myself in the process of foreclosure on my home, means of livelihood, retirement investment and inheritance. Due to several life changing events; divorce, bad investment Ponzi schemes congruent with a 2007 push to refinance my mortgage, then quickly manifesting life threatening health issues and devastating medical debt, well, that all set up the situation for where I’m at now.
What emotional impact has this had on me and my loved ones who are worriedly watching in the wings? Only speaking for myself, for awhile I felt very brave taking on this TILA Rescission process it felt completely the right thing to do. Then, as my financial demise drained away my energies, I started to watch some of my oldest friends move as far as they could to the back of the drama-trauma auditorium. Well, who wouldn’t be stunned and embarrassed, and not without unsaid judgments oozing around my decision to stand up?
This is scary stuff for those who have always followed the rules and recipes for achieving the American Dream. Poverty eclipses affordable choices and does often drown out the expensive kinds of fun options. This retreat quickly etched on my heart wretched feelings of victimization, a sense of separation, alienation with fearful shame from my oldest friends who aren’t yet quite up to facing the Awful Truth of the Grand Deception we all are party to. It goes so deep, and though they are still looking away, I see clear signs now of peeking over their shoulders a bit, coming around as I walk this path.
We are not completely estranged from our lifetime relationships, but very close to finally calling it quits. Still, maybe I’m not deemed a complete foolish flake after all. But it isn’t over yet and my door is still unlocked and open cautiously guarded by my ever present ego.
I HAD to flip my expectations and perceptions drastically, and viscerally now feel volunteering and shopping at the Food Bank is something everyone should experience. Gone is what I thought was our mutual standing in feminine solidarity, an unsaid support for each other no-matter-what, embracing life’s injustices toward women. Being independent, non-partnered and without a second income brings up issues dear old Gloria Steinem drummed on about in “Ms” articles. My own epiphany is that it isn’t just women and minorities being abused here on a grand scale, but that EVERYONE is being abused. I can’t believe I’m saying this, but I am not the feminist I thought I was. My real stand is humanistic support for our basic value for universal humanity and Creator given rights.
Hey, I forgive my dear friends and family who still don’t get it. Life has chewed them up in other monstrous forms because coming to Earth at this time in planetary history isn’t for weenies, and I can’t blame them for being too tired and too scared themselves to jump on my personal soapbox. They’ve contributed to the good of all in their own important ways. We do what we can do within our present consciousness, and taking on the behemoth banking system without an in-depth education into our shadowed global, national, and banking history, isn’t recommended, and I wouldn’t want anyone to go through the angst, fear, depression, roller-coastered with flashes of hope and renewed trust in Self and bolstered by those beloved family and friends who have stepped up to assist me. I am now a devout believer in the Steel Magnolia Dolly Parton twangy cliché “ The Lord works in Mysterious Ways”.
However, even if one doesn’t have an ounce of energy left to officially get involved and stand forward, one can go outside, stand solidly on Mother Gaia with knees flexed a bit, and proclaim loudly or softly, and energetically in Spirit, that you just don’t consent to any more deception by the seen and unseen, and that you cancel all unlawful contracts. Fraud vitiates all contracts.
That’s better than doing nothing and it is a form of taking back your power and also aligning with those who are out there on the front lines. The key is you’ve got to mean it with every fiber of your being and believe in your heart of hearts that loving help is on it’s way. It’s called Faith, baby.
I purchased my home in 2005, and to augment what now can be described as my Ponzi-backed post massage therapist retirement fund, in 2007, I bought the bank hype and snapped up the opportunity to “leverage” my money and refinanced my mortgage, all so I could add more to my retirement savings. I had some major catching up to do from the economic hit I took in a divorce. To date, the Ponzi boys are sitting in the slammer up in Calgary, Alberta, doing 10 to 12 years having pulled off the biggest investment scam in Canadian history and bilking thousands of others out of millions and millions. Even though I personally went to Canada and Honduras to check these guys out, thinking I was doing my own due diligence, I laughingly come away from the whole of these experiences realizing I was double-Ponzied, first by the Canadians and now through mortgage securitization schemes.
Like millions and millions of other naive homeowners, unsuspectingly I signed what I thought was a lawful contract with what I thought was a safe institution with integrity and multiple governmental safeguards for the consumer. Following being financially wiped out and jobless, due to multiple hospitalizations, I paid the last bleeding payment I could March 3, 2009.
Stressed, broke, scared, but slowly building back my physical stamina, I began to study— avidly looking for possible magic bullets for debt relief. Believe me, I tried everything I could to get the debt discharged in good faith. I went to numerous seminars led by debt grief relief gurus, read eye-watering article after eye-watering internet article and books by whistle-blowers, gave up mainstream news, poured over alternative internet sites, listened to numerous educational conference calls, talk shows and recordings long into the night, and could only speak about any of this with the few friends I felt I had left, those being in my same imminent foreclosure predicament. At the risk of losing all friendships, I found I literally was leading a double life.
There were the superficial every day survival conversations with people, then there was the life I had in my office at the computer exploring my options for keeping my home. Everything was tried that I could that well-meaning, and not-so-well-meaning “light workers” put out there to throw back at the Cabal and their debt slavery-making systems. Some meant well, and others were charlatans, and several white hats were most likely manipulated and brought down because they were just too damn close to the truth about our “government.”
Earlier this year, I began studying Neil Garfield’s website Living Lies about TILA (Truth In Lending Act) and Rescission. He has an 8-year history of researching and recommending TILA rescission as a possible means for voiding out commercial contracts. Studying his blog articles which by the way are written so that they are fairly easy to understand, I began to feel it in my solar plexus that this was the right remedy, at least for my situation, all along.
January 2015 the unanimous US Supreme Court Jesinoski v Countrywide decision vindicated Mr. Garfield’s stand on rescission, and opened up more and more test cases regarding Rescission. Just recently in November a Federal Oregon judge decided on another huge rescission case in favor of the homeowner. If you are not familiar with this, there are many interesting articles available on the Garfield site that explain just how simple rescission is.
I must say here and now that if you are hanging by your exhausted thumbs and swinging in the wind with regard to imminent foreclosure, you must do your own education on this, and this posted article is not to be construed as legal advice. I’m just telling you about my own process.
In June, I received a Notice of Default on my door, albeit past the statute of limitations for debt collection in my state. Honoring my own internal radar, I sent in my own rescission to void out the Deed of Trust and Promissory Note. At that time, I had not retained an advocate counselor to advise me.
July 23, 2015, the same day that I sent in my TILA rescission, I received a Notice of Trustee Sale. Curious, yes? One night, that week going through what I call a Dark Night of the Soul, I reached out somewhat testily in exasperation and not even politely asked the Universe/Creator to help me with this; that if I was going to stick my neck out and go with this process, I needed a financial infusion if I was to continue to carry the load of this work.
A week later, out of the mysterious blue, a most generous family member stepped up and offered to help me, and with that help I retained a local advocate attorney, one with sharp claws, and one who understands the Garfield rescission process and recommended by Garfield. Since then, my cheerleading family member has several times told me not to give up, to keep going, as at times I tearfully wanted to just go to bed and pull the covers over my head and whimper. Then I also remembered the other friends going through the same scenario, and those who have badgered out late into the night the scabs and warts of the bank’s paperwork, and brought forth important truth about the unlawfulness of banking shenanigans.
One issue that came bubbling up through all of this has been my profound distrust in general of all lawyers knowing how they are by oath loyal to the Crown (the City of London). What I have known all along is that I am not a good pro se litigant. I just don’t have a sharp memory and legal mind, nor confidence to stand up and spout my knowledge on rules of procedure and rules of evidence. Yet, what occurred to me was that I was co-creating change within a very corrupt system and that a true litigator with a pure heart for anti-foreclosure advocacy needed to be the front person to bring about change by cleaning up the courts and educating her professional peers. It was her time to step up to the judges and give it her best shot. I brought forth the test case, and the pro needed to make the truth of it be heard.
The defendants had set a date for Trustees Sale in November, and then last minute filed for Continuance of Trustee Sale for early January 2016. My heart was in my throat most of November because I didn’t understand nor trust the process of my own powerful creation. I kept wondering by my tendency for negative default thinking if I was going to have to gather my camping gear and go live under a freeway bridge somewhere with my rescue cats.
Then recently, someone wise and very important to me gently but firmly advised I get out of my own Creative Being way, to step back and let the lawyer do her thing. She was so right.
The law suit is primarily testing the waters of my right to rescind under the Truth in Lending Act. It cannot and does not go into the myriad bullet points of reasons why I would contest the contract in the first place. These are separate issues of violations. I have unlawful assignments by MERS, unlawful Robo signings, interesting unlawful notarizations, unlawful Appointment of Successor Trustee, unlawful Declaration of Beneficiary, invalid Notice of Default, and violation of statute of limitations, to name a few. What used to be a mortgage document is nothing but a phantom wheel of Swiss cheese now voided by my TILA rescission.
I don’t think opposition is going to want this to get out, and so I am telling my story now in case I won’t be able to later.
What I do know right now in this process is that just in the last week I have started to sleep better; KNOWING no matter what the outcome might be, I have done the best I can– already.
But would I do it all again? Again? Really? Plod through the heartbreak and frustrations of Trial and Error? Not sure I could go through the bad health event again, however. Even though today I don’t know what the outcome really will be, as that could be drawn out to two years or even more, and I am loathe to say it, but yes I would do it all over again. Why? Because if I hadn’t gone through all this self-inflicted excruciation, I wouldn’t be able to say at the End of the Day I did everything within my I AM Being to help bring in the Light for Change for us all.
I feel I am on the front lines, but really I’m not. There are others sticking their necks out even more than I have. Neil Garfield and my lawyer to name a couple.
My vision for the next generation to come will be that we live and know complete freedom, with our Creator given rights and gifts unimpeded, and that we evolve with the concept that we cause no harm to all creation and that everyone has complete understanding of their own responsibility to cause no harm. That means learning to work together. That means creating a world at Peace, being Peace. Thus, abundance flows toward everybody.
With that, I implore anyone who is unconsciously creating a living from the foreclosure industry and flourishing at the sorrow and hardships of others, to rethink your own culpability in supporting global slavery. Now that you know what you have contributed to, what will you say at the End of your Day? Find the compassion that lives within you, embrace your true humanity, and step away from harmful choices that destroy others’ spirits. Find another way to support yourself and family. Humanity and the Universe will support you if you do this. You just have to let go and trust it. You are Loved right now, no matter what, but if you change your career choice, you will actually begin to feel loved again and maybe even revel in it.
“Those who don’t keep an open mind to all possibilities by hiding their heads in the sand, ultimately take the risk of never finding out why and who “moved their cheese” and why we continue to wage perpetual war for the benefit of the Puppet Masters.” MCH Harper