TFH 7/7 | What Every Homeowner Needs To Know About The Myths And Realities Of Truth-In-Lending Act (TILA) Rescission Rights As A Defense To Foreclosure

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TFH 7/7 | What Every Homeowner Needs To Know About The Myths And Realities Of Truth-In-Lending Act (TILA) Rescission Rights As A Defense To Foreclosure

TFH 7/7 | What Every Homeowner Needs To Know About The Myths And Realities Of Truth-In-Lending Act (TILA) Rescission Rights As A Defense To Foreclosure

COMING TO YOU LIVE DIRECTLY FROM THE DUBIN LAW OFFICES AT HARBOR COURT, DOWNTOWN HONOLULU, HAWAII

LISTEN TO KHVH-AM (830 ON THE AM RADIO DIAL)

ALSO AVAILABLE ON KHVH-AM ON THE iHEART APP ON THE INTERNET

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Sunday – July 7, 2019

What Every Homeowner Needs To Know About The Myths And Realities Of Truth-In-Lending Act (TILA) Rescission Rights As A Defense To Foreclosure

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There is perhaps no more important homeowner defense against foreclosure than the TILA right of rescission, yet at the same time no other consumer protection remedy has been the subject of more confusion and controversy in federal and state courts, as well among commentators.

It is little wonder then that homeowners as well as foreclosure defense attorneys and foreclosure judges remain uncertain with respect to many of the most significant TILA rescission related issues.

On today’s show John and I present an overview of the Truth-In-Lending Act, the reasons for the confusion, and discuss some of the most pressing issues in TILA litigation today in order to strengthen our listeners’ understanding and successful use of rescission as a superior foreclosure defense weapon, including an examination, time permitting, of the following topics:

1. The 1968 TILA statutory framework, its successes and failures, as drafted and amended, as a legislative disclosure enforcement strategy.

2. The TILA statutory right to rescind, 15 USC Section 1635, as amended and as enacted, and its many unanswered questions.

3. The difference between common law rescissions and TILA rescissions.

4. The labyrinth of the administrative decision making aftermath, usurping legislative powers, and the United States Supreme Court’s reaction to it.

5. The controversy surrounding how TILA rescission rights are initiated by borrowers.

6. The controversy surrounding how TILA rescission rights are voluntarily waived by borrowers.

7. The controversy surrounding how TILA rescission rights are voluntarily granted by creditors.

8. The controversy surrounding how TILA rescission rights are involuntary terminated by operation of law.

9. The controversy surrounding how TILA rescission rights are extended by state laws providing for rescission in recoupment.

10. The controversy surrounding how TILA rescission rights are proven in litigation.

Join John and me this Sunday, not only for a summary of existing TILA case law, but for an enhanced understanding of what to expect in future judicial interpretations of the applicability of the TILA rescission remedy that may impact many of our listeners’ foreclosure cases.

Gary

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GARY VICTOR DUBIN
Dubin Law Offices
Suite 3100, Harbor Court
55 Merchant Street
Honolulu, Hawaii 96813
Office: (808) 537-2300
Cellular: (808) 392-9191
Facsimile: (808) 523-7733
Email: gdubin@dubinlaw.net.

Host: Gary Dubin Co-Host: John Waihee

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