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Arthur Wood
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This is pretty much B/S as the banks know the minute a consumer makes an application if they qualify for any loan. Maybe we need to administer tests to the banks to make sure they understand the terms of the loan they are making. I recently rescinded a loan ONE BUSINESS DAY AFTER the closing. The loan should have never been funded, but it was, and Citibank refused to release the mortgage that should have never been filed. I had to sue them to effect the rescission. (they finally released the Mortgage six months into the lawsuit, which is still pending, by the way. Then after releasing the lien they filed a lis pendens and notice of equitable lien against my property. I believe that any attempt to enforce an invalid lien is a breach of the fiduciary duty of the lender and a violation of the TILA, RESPA, and the FDCPA, because it is a misrepresentation of the legal status of the original debt. If anyone out there has any additional ammo I can fire at them please contact me. Thanks, Art