Truth-In-Lending-Act Violation Pushes Consumer To Cry For Public Help
LOWELL, Mass. --- When Pierre Augustin of Lowell, Massachusetts, became a victim of predatory lending, he did not immediately recognize the impact his story was likely to make in the lending industry.
“A gross injustice and a violation of all notions of public policy is set to trample the spirit of the law. Unequivocally, to allow foreclosure proceedings to proceed any further will not only violate the equal protection principle but disregard the notion of the pledge of allegiance of the United States of America Pledge which states, ’One nation under God, indivisible, with liberty [and justice for all]’,” said Augustin.
Augustin, who uncovered during the course of his bankruptcy proceedings (Case# 05-46957, Bankruptcy Court, Worcester, Massachusetts) negligence and falsitudes in his mortgage application, has timely and legally invoked the Truth-in-lending Act (TILA) right of rescission pursuant to 15 U.S.C. §1635 and M.G.L. c. 140D 10(f) and 260 § 5A to protect his property rights. TILA is a remedial statute, enacted by Congress, designed to protect and to defend consumers’ property rights such as Augustin’s, who are not on equal footing with lending institutions such as Chase Home Finance or Deuthsche Bank National Trust - powerful corporations with unlimited budgets and which are represented by savvy lawyers such as those providing representation, from Partridge, Snow and Hahn, LLP, Providence, Rhode Island, Tel. (401) 861-8293.
According to TILA, the mortgage on Augustin’s property is considered void and unenforceable upon rescission. Despite Augustin’s vigorous legal objections and defenses, Chase Home Finance & Deuthsche Bank National Trust are moving forward with an illegal and fraudulent foreclosure action, clearly improper and immoral (Case# 06-10368, Federal District Court of Massachusetts, Boston, Massachusetts).
“There are those who are determined to violate and to usurp the law to achieve their aim of stripping away my home illegally and fraudulently,” states Augustin. “Silence is consent - by their inaction, the lenders’ lack of response to my letter of rescission - the lenders confirmed my action. By wielding their vast resources against me, they disclose their unwillingness to admit their intential participation in systematic fraudulent operations is at best outright apallling.”
Augustin’s emergency request and alert to the public and public officials seeks to stop Chase Home Finance and Deuthsche Bank National Trust since all other remedies, reasonable and good faith efforts have failed. An auction sale is scheduled on May 16, 2007 and will be irreversible, rendering any subsequent and pending legal actions moot. Pierre Augustin can be reached at 617.202.8069. Visit http://rcxloan.com/Civil_Action__BK__Motion_14.htm to learn more.
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