Need Answers--FAST!

[ManicMangaManiac]

Hi gang!

I did a cash-out refinance with OOMC back in '06 in order to buy out my baby brother's half interest in the house after our mother left it to us upon her death a few months earlier. I have since then found TILA and other violations in the loan docs which means I can rescind the loan and have until 12/19 of this year to do so. The problem is, my lawyer, whose area of practice is bankruptcy, dropped me like a hot potato earlier this summer and i've not had any luck finding a new lawyer -- and my foreclosure trial is set for November 23rd, less than a month away

Also this past spring I acted on my own and sent a demand to Wells Fargo's (trustee and plaintiff in the foreclosure suit) attorneys to produce the note, which they totally ignored.

My question is, should I go ahead and rescind the loan, and make another demand to produce the note to their lawyers, or file a motion with the court to compel them to produce it? Would it make sense to rescind and then go after them for the note? I'm in a quandary over this, and time is growing very, very short. Without a lawyer to assist me, I'm lost!!!! Puhleeeeeze weigh in with your sage advice and help. I need it FAST! Muchas gracias!
Sally

[caldwellb02]

St Louis - are you soliciting people to pay you though this forum? If so, Please go away. If I am wrong and you have advice we could all use, please post it here.

Manic - have you called NACA? Kevin Winn 617-250-6222 extension 1254. Leave a message. He's free. May not be able to help, but definitely worth a try.

[ManicMangaManiac]

Caldwell,
I've not called NACA.. I was going to save that as a last resort, if the judge were to rule against me in the foreclosure trial. I really need to know whether or not I should go ahead and rescind the loan, then make another demand to produce the note, or follow up the original demand (which as I said was ignored by the plaintiff's attorneys) with a motion to compel them to produce the note.

Originally, my plan was to rescind, then follow with quiet title litigation, but since I don't have an attorney to help me maneuver through the legal system, I figured maybe the above actions would be easier for me to handle on my own.....damn!!! I'll try the guy you mentioned a try and see what he says, but as I'm in Kansas I need a KS attorney who 'gets it' about these securitized loans, blah, blah, blah.

Sally

P.S. St.Louis Blues.. I am with Caldwell. If you're here to solicit business from us members, please take it somewhere else, ok? We're all stressed enough as it is without having some fly-by-night operator trying to weasel our meager dollars out of our pockets. But if Caldwell and I are both wrong, then please accept our apologies--