With the two back to back decisions in the Florida 2d DCA and 4th DCA, Standing has made its long waited comeback. The question is not whether the borrower stopped making payments as the thousands of Judges have put it. The real question is whether the creditor got paid. Banks have successfully obscured the issue and obtained nearly 8 million foreclosures. What difference does it make if the borrower stopped paying the party who has no right to collect the money? If anything, the borrower was mitigating damages against the servicer who was wrongfully collecting and wrongfully foreclosing on the property. All the money that has been paid to a servicer pretending to be the servicer is subject to disgorgement — IF the servicer is claiming to be the authorized servicer by virtue of a grant of power from the Trustee of a Trust that has not been shown to be the owner or authorized representative of the owner of the debt. It’s pretty simple really once you sweep bias aside. =============================== The question is what do you do after you have sent the notice of rescission? And that extends to rescissions that were sent years ago. There are many nuances here caused by State and Federal law. But one thing cannot denied: the rescission is effective by operation of law when it is mailed and nothing except another operation of law can change that.
