Aurora Loan Services TILA Complaint

frances-m2003

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Author: timothymccandless

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5 thoughts on “Aurora Loan Services TILA Complaint”

  1. Tim,

    In your sample TILA Complaint you state that any furthur acts to enforce an invalid security aggreement are wrongful and a serious breach of the fiduciary duties of the bank and additional violations of the TILA.

    In 2005 I borrowed money from Citibank. At the closing the terms were not what I was promised, so I rescinded the next day. I then went to another lender and borrowed the money.
    I later learned that Citibank funded the loan and filed the mortgage, even though they recieved the rescission within the 3 day period. When I called them they said it was a mistake and they would reverse the transaction.

    This went on for weeks, I offered to return thier money and they kept saying no they would reverse the transaction

    However instead of taking back thier money and releasing the mortgage they attempted on a daily basis to get me to make a payment on the rescinded loan.

    My new lender threatened to foreclose on my loan because Citibank was in first place and would not release the lien.

    I sued Citi in Circuit Court (pro se) and after six months they finally released the lien. I still have thier money and they circumvented the TILA by filing a lis pendens against my property.

    Citi countersued alleging fraud, subrigation of equitable lien etc. (all bullcrap) page after page of untrue garbage.

    I have filed a Motion to Dissolve the Lis Pendens but could use some caselaw to show that they continue to violate the TILA by trying to enforce the lien. Any suggestions.

  2. Hi, What are my rights and what should i do? I am in the Mid loan modification for my home. They’re taken my payment every month. I made my last payment on Nov,16,09 and Dec.09.09. I was in the middle update my information with the sale rep. all the sudden she said OH MY GOD, they sold your house. And now I got a eviction note. Tell me that i have to move within two weeks. please can some one out there be able to tell help to understand, can the banks do that. Its there any hope for me and my three kids.

    1. we can fight it ! they breached an agreement… you where performing ….
      fax the notice of default
      the notice of trustee sale
      the agreement to 909-382-9956 and your contact info
      and my office will get back to you as to your legal rights

  3. My house was sold in a T.S. back in September 2009 even few minutes before the T.S. time I filed BK 13 ( I just did the basic paper work myself to stop de T.S.). Anyway they sold my house to another bank and it went to the county recorded office in spite of I called the trustee up to let them know that I had filed Bk 13 right after I did it. Finally they reversed the transaction and the house is under my name again. So far there is no new T.S. date. MY QUESTION IS: CAN THEY SELL MY HOUSE AT ANY TIME ? OR THEY HAVE TO START THE FORCLOSURE PROCESS ALL OVER AGAIN? THANKS . LUZ

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