Bagels at a Bar Mitzvah

isisis

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I've been looking for this to the longest time. Found it in the FDIC Consumer Compliance Manual — March 2019

Moreover, the TILA also provides consumers with the right to assert a violation of the TILA’s anti-steering provisions or the ability-to-repay standards for residential mortgage loan requirements “as a matter of defense by recoupment or setoff” against a foreclosure action. In general, the amount of recoupment or setoff shall be equal to the amount that the consumer would be entitled to generally under 15 U.S.C. 1640(a) for a valid claim, plus the cost to the consumer of the action (including reasonable attorney’s fees).
Refer to Sections 129B, 129C, 130 and 131 of TILA for more information.

Moreover, TILA provides that when a creditor, assignee, other holder or anyone acting on such a person’s on behalf initiates a foreclosure action on, or any other action to collect the debt in connection with a residential mortgage loan, a consumer may assert a violation of TILA section 129B(c)(1) or (2) or 129C(a) “as a matter of defense by recoupment or set off.” TILA section 130(k). There is no time limit on the use of this defense and the amount of recoupment or setoff is limited, with respect to the special statutory damages, to no more than three years of finance charges and fees.

People in judicial states might be able to use this. Not sure if it would work in California due to the use of the word "action" which I take to mean a lawsuit. Since in a non judicial state no action per se is necessary to foreclose and if "action" takes place the homeowner is not in the position of defense. The work around is probably an adversary proceeding in Chapter 13.


It also says, "There is no time limitation on willful violations intended to mislead the consumer." This appears to toll TILA rescission rights.
 
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Annie Mac

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Don McLean really caught the truth woven into the lyrics of American Pie, wanda robo. Buddy Holly was one of those last three men on the plane. Lately I can find truth only in the natural world and in song lyrics, wthin the US; elsewhere it comes from the sages. I just caught a live performance of Pete Seeger's songs, and retrospective of his life. I knew the threads but had never known the whole picture, since he was the pillar most of the following songwriters were inspired by. His words, his cause, his integrity to stick to his truth, even when investigated and blacklisted by the House Committee, and the words he wrote.... were so fitting at the time. So much hope came from them. Now the words of hope, freedom, justice have been trampled by Citizens United, by the fraud of banks in court, by lies in Washington. We had hammers of freedom at one time, we had bells of justice , and we had love between the people. Now, hammers are good for taking the rusty nails out of what was, and we might find a board left to build us a shelter over our heads.
 

isisis

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Somewhat amusingly the FDIC Consumer Compliant Manual also references criminal liability for TILA violations.

"Criminal Liability – TILA Section 112
Anyone who willingly and knowingly fails to comply with any requirement of the TILA will be fined not more than $5,000 or imprisoned not more than one year, or both."

Had this been enforced it would have resulted in the over population of federal prisons with white collar bankers now repeat offenders turned tattooed gang members tendering cigarettes for smuggled in cell phones.

Nice try Dodd-Frank but at least it paints an appealing picture
 

wanda robo

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Don McLean really caught the truth woven into the lyrics of American Pie, wanda robo. Buddy Holly was one of those last three men on the plane. Lately I can find truth only in the natural world and in song lyrics, wthin the US; elsewhere it comes from the sages. I just caught a live performance of Pete Seeger's songs, and retrospective of his life. I knew the threads but had never known the whole picture, since he was the pillar most of the following songwriters were inspired by. His words, his cause, his integrity to stick to his truth, even when investigated and blacklisted by the House Committee, and the words he wrote.... were so fitting at the time. So much hope came from them. Now the words of hope, freedom, justice have been trampled by Citizens United, by the fraud of banks in court, by lies in Washington. We had hammers of freedom at one time, we had bells of justice , and we had love between the people. Now, hammers are good for taking the rusty nails out of what was, and we might find a board left to build us a shelter over our heads.

You know, my friend, your words always inspire me. Instead of hitting people over their heads with a hammer, we Should and MUST take the rusty nails & rebuild with that hammer. I just don't get how dividing the country makes it stronger. There are boards left, but they are few and far between. I know for a fact there are so many boards on bagels, it's not even funny. We just haven't figured out the blue plan yet......
 

Annie Mac

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Great song, with great chords and lyrics....."we were young and strong,".....didn't we seem invincible then? I climbed mountains, downhilled three days a week, or whenever the snow was good, backpacked inbetween....roadtrips were an adventure....a quarter acre garden....it is all about choices of which winds we chose to face. For whatever reason, those of us here have chosen the wind of defending our homes, while others immediately packed up and moved on. It is rough on us, facing this wind which doesn't die down as time passes, and we are no longer "young and strong," but we are wise in other ways. I don't regret any of the winds I have faced, no matter the outcome. The ones I feel sorry for are those who didn't stand up to any winds at all, just allowed themselves to be blown over, blown about, like dried weeds across the desert, or believing the lyrics of any tune spoken. Bob Seger is a totally different singer than Pete Seeger, a generation apart, but both are great musicians who caught the winds of the time they wrote into notes. Just hearing the first few chords of "Against the WInd," and I am in my thirties again. ready to climb another mountain, or ski down its height, or dance for five hours straight........"wish I didn't know now what I didn't know then." Thanks for the reminder of this theme song which says it all so well.
 

wanda robo

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just_me

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Has anyone ever filed a patent? I'd like to file a patent on a shoo in sleep aid. "Adam Schiff on the Senate Floor".
Ha! I could say the same thing about Kenn Starzzz history lezzzzz onnn this morning. But I try not to get into politics on this forum. Looks like banker's court bingo on the hill. Bring on the proofs and let's hear this one on the merits. Bolton should testify. Direct evidence is available.
 
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wanda robo

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Agreed my darling, Starr just right out sucked.

You know my friend, I don't understand how so many people don't realize how "We The People", are paying for this all. If "We The People" would do our homework, the numbers are staggering. We've been robbed, we are being robbed, and will continue to be robbed.

My dear friend, Washington is a swamp & you & I both know it. Bingo on The Hill has been occurring for A LONG time. We don't need to get into politics. We've all been injured, and it's been by the various parties. Period.

Did you know the Republicans saw the "Great Recession" coming in 2006? Want some proof? I'll send it to you. The fact that they argue that they were "blindsided" is BULL.
 

wanda robo

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Ha! I could say the same thing about Kenn Starzzz history lezzzzz onnn this morning. But I try not to get into politics on this forum. Looks like banker's court bingo on the hill. Bring on the proofs and let's hear this one on the merits. Bolton should testify. Direct evidence is available.
My darling, Dershowitz, is nailing it right now. He is arguing what we argue every day. The US Constitution.
 

just_me

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Q. How do you answer a motion for a hearing, when the purpose of the hearing is not given? No referece to anything here. It's as if the whole purpose is to have me spin wheels wording an objection to an undefined thing. Yes, they cut the response time par course. I have to file something Wed. We've already had a MC (master commissioner) hearing. As you recall, they avoided providing evidence and cancelled the note production. Evading proof of standing, then motions around it.
 

just_me

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They (Mill attorney) originally claimed they were "suspending" an MSJ in order to pursue settlement. Welp. I may have been right about the 90 days play for advantage. (related to being required to offer a modification within 30 days of application - there was no application, they just want to prevent me from requesting it if they get a judgement because they had already offered one and claim it was turned down) There was no legitimate settlement offer but the court is taking their word and then telling me I didn't put abc into writing when they well, they haven't either. I can question this lack of proof (or more acurately abuse of process) but why not they provide evidence of their claims for delay instead?
 

just_me

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Sep 14, 2015
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I believe this meets the definition of frivolous. Both in the instant filing and in the actions taken in pursuit of this foreclosure (8 years not providing proof of signed or authentic note - recently turning down another opportunity to do so/ prove standing). I know dam well they are sending a stand-in because they are out of state. I do believe these attorneys have knowlege that they would be committing fraud upon the court by presenting something they know is fabricated (the note). Why they want MC in lieu of Judge maybe?
 

just_me

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Wait. They are bundling MSJ and a default judgement request. (they double-sided the legal legal brief again)
 

wanda robo

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Sep 29, 2012
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Great song, with great chords and lyrics....."we were young and strong,".....didn't we seem invincible then? I climbed mountains, downhilled three days a week, or whenever the snow was good, backpacked inbetween....roadtrips were an adventure....a quarter acre garden....it is all about choices of which winds we chose to face. For whatever reason, those of us here have chosen the wind of defending our homes, while others immediately packed up and moved on. It is rough on us, facing this wind which doesn't die down as time passes, and we are no longer "young and strong," but we are wise in other ways. I don't regret any of the winds I have faced, no matter the outcome. The ones I feel sorry for are those who didn't stand up to any winds at all, just allowed themselves to be blown over, blown about, like dried weeds across the desert, or believing the lyrics of any tune spoken. Bob Seger is a totally different singer than Pete Seeger, a generation apart, but both are great musicians who caught the winds of the time they wrote into notes. Just hearing the first few chords of "Against the WInd," and I am in my thirties again. ready to climb another mountain, or ski down its height, or dance for five hours straight........"wish I didn't know now what I didn't know then." Thanks for the reminder of this theme song which says it all so well.

Did you love Crosby, Stills & Nash? Just listened to a good one. "Wasted on the Way"

"Oh when you were young did you question all the answers
Did you envy all the dancers who had all the nerve?
Look round you know, you must go for what you wanted
Look at all my friends who did and got what they deserved
So much time to make up everywhere you turn
Time we have wasted on the way
So much water moving underneath the bridge
Let the water come and carry us away
So much love to make up everywhere you turn
Love we have wasted on the way
So much water moving underneath the bridge
Let the water come and carry us away
Let the water come and carry us away"

I know we are all so very tired, but we feed off of each other. It's what we do(Thank God).
 

wanda robo

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LOL, so I'll tell the story. Hubby came home last week after taking our daughter to the doctor. He told me how they had such great music in the waiting room that he was tapping his feet. wanda said"honey,you're 79 & you tap your feet to elevator music". LMAO

He gave me a sticky note that he got from the receptionist that said "Pandora James Taylor" channel. So I put it on my Pandora on the fridge. It's an awesome station for a throw back. Great songs you don't hear today.
Thought I'd share
XOXOXO
 

isisis

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Jun 22, 2010
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Funny you mentioned that, Wanda. I've been rediscovering David Crosby's music. What a survivor he turned out to be. He's going strong, playing in three or four bands, his voice hasn't changed a bit. They just made a documentary about his life. What an interesting character, looks like an ancient white-haired wizard these days and he's always cracking jokes.

 

wanda robo

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Sep 29, 2012
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Funny you mentioned that, Wanda. I've been rediscovering David Crosby's music. What a survivor he turned out to be. He's going strong, playing in three or four bands, his voice hasn't changed a bit. They just made a documentary about his life. What an interesting character, looks like an ancient white-haired wizard these days and he's always cracking jokes.


I guess we're just longing for a simpler time, my friend.