Step 1. Notice of Right To Cancel
Step 1. Notice of Right To Cancel
Parties: James B. Anderson and Ruthann Drake Anderson (Alleged Borrower(s) hereinafter
Borrower(s)) – and, WASHINGTON MUTUAL BANK, F.A., (Alleged Lender(s) – hereinafter
Lender)
This communication will serve as our Notice of Right to Cancel dated October 12, 2009. TILA (Truth in
Lending Act, 15 USC §1601 et seq; 12 CFR Part 226) allows three (3) years to review Disclosure
Documents. The referenced ‘Three Day Right to Cancel’ must have a trigger to begin. That trigger, is
when the Lender has provided the Borrower with ALL of the required Disclosures under TILA, and that
the same are true, complete, accurate, and timely provided.
Being as the entire purported loan/mortgage process and Deed of Trust referenced herein and throughout,
was obtained by wrongful acts of fraud, fraudulent inducement, concealment, and fraudulent
misrepresentation, the borrower has other recourse, right, and cause of action under numerous state and
federal statutes. Acts of fraud taint/void everything it touches as the US Supreme Court has declared:
“There is no question of the general doctrine that fraud vitiates the most solemn contracts, documents,
and even judgments.” (United States v. Throckmorton, 98 U.S. 61)
To this date, Lender has never provided Borrower with true, complete, accurate or timely documents as
required. ONLY AFTER such provision has been done, can the ‘3 DAY RIGHT TO CANCEL’ period
begin. If the required full Disclosure(s) have not been provided, then the period in which to Cancel is
extended for up to three (3) years, OR until Lender moves to foreclose.
A close perusal/audit of Borrower’s mortgage documents has revealed certain Disclosure Violations; and,
that the Borrower has the remedial right and remedy (UCC 1-201 (32) (34)), inter alia, to invoke their
Right of Rescission (ROR) as further evidenced by the original NOTICE OF RIGHT TO CANCEL. You
will also please find Borrower’s signed and dated NOTICE to the Lender(s), Successor(s) and Beneficiary
as stated on the NOTICE OF RIGHT TO CANCEL, if provided in the loan package. If such Notice was
not provided, this written Notice of communication is provided in lieu thereof.
After sufficient NOTICE has been given to Lender, the Lender is required by Federal Law to CANCEL
any lien(s) and to CANCEL any security interest on the Borrower’s home within twenty (20) days. The
Lender must also return any money, interest, fee, and/or property to Borrower, as well as any
money/funds given to any persons or other fiction in law/entity in connection with said transaction.
In accordance with both State and Federal law or until the Lender complies, Borrower may retain the
proceeds of the transaction. If it should be ‘impractical’ or ‘unfair’ for the Borrower to return the property
when gross discrepancies, fraud, or other wrongful acts are discovered - then he/she/they may offer its
‘Reasonable Value’.
In the event the Lender should fail or refuse to take possession of the property or return the borrower’s
money offer within twenty (20) days . . Borrower may then regain/acquire all rights to clear title and re-
conveyance under Federal Law and provisions of TILA.
Additionally, Borrower has the right to offer Lender a Reasonable Value. However, the penalty that a
bank can face for violations of TILA and other State and Federal law can be as much as triple
damages . . . i.e., triple the amount of the interest the bank stood to fraudulently make off of the
mortgage/loan transaction. Therefore, the borrowers hereby in good faith make the following offer:
Borrowers will forgive WASHINGTON MUTUAL BANK, F.A. any liability incurred by its wrongful
actions, provided WASHINGTON MUTUAL BANK, F.A. rightfully forgive Borrowers the full amount
of mortgage/credit you fraudulently allege to have given. In addition, Borrowers make the one time
demand of $150,000.00 for any loss, damage, and injury they have sustained; and, that WASHINGTON
MUTUAL BANK, F.A. also remove all/any negative comments on Borrower’s credit report attributed to
this transaction.
Any default, failures, or non-compliance on the Lender’s part to perform as herein directed within twenty
(20) days of receipt shall constitute this Notice of Right to Cancel as valid and fully agreed/accepted
pursuant to the terms and conditions as set forth herein and throughout.
Sincerely,
_____________________________________ _______________________________
James B. Anderson Ruthann Drake Anderson