Terry and Sherry P. from Milwaukee rate CRD “5 stars+. “They helped us get a settlement with our lender after only 5 months of litigating in pro se. They really know their stuff. No retainers, no monthly fees. Very affordable and competent.”
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From Terry and Anne R in California: “CRD was the only reasonably priced firm we found. They gave us real service, reviewed our documents, kept in touch. We now have a settlement with BOA and got a 3% 5 year fixed with arrears forgiveness with their help. CRD, you are GREAT!
Unilateral rescission on basis of mistake, duress, fraud or undue influence: A contract is subject to unilateral rescission by a party whose consent to the contract (or the consent of another party jointly contracting with the rescinding party) was:
· given by mistake; or
· obtained through duress, fraud or undue influence exercised by or with the connivance of the party against whom rescission is sought or any other party to the contract jointly interested with the party against whom rescission is sought. [Ca Civil | 1689(b)(1); see Donovan v. RRL Corp. (2001) 26 Cal.4th 261, 278, 109 Cal.Rptr.2d 807, 821; Sharabianlou v. Karp, supra, 181 Cal.App.4th at 1145, 105 Cal.Rptr.3d at 310–rescission is appropriate remedy where parties are mutually mistaken as to property’s condition; Schiavon v. Arnaudo Bros. (2000) 84 Cal.App.4th 374, 380, 100 Cal.Rptr.2d 801, 805–deed obtained by use of undue influence may be rescinded; Reveles v. Toyota by the Bay (1997) 57 Cal.App.4th 1139, 1142, 67 Cal.Rptr.2d 543, 551 (disapproved on other grounds in Snukal v. Flightways Mfg., Inc. (2000) 23 Cal.4th 757, 775, 98 Cal.Rptr.2d 1, 19, fn. 6)–party ‘induced by fraud or mistake to enter into a contract … may have the contract set aside and seek restitution of those benefits lost to him by the transaction’
Therefore, the wrongful acts of third persons who are not parties to the contract may support an action for rescission if the party against whom the rescission is sought had knowledge of the wrongdoing before parting with consideration for the contract. [Leeper v. Beltrami (1959) 53 Cal.2d 195, 206, 1 Cal.Rptr. 12, 20; see also Jones v. Adams Fin’l Services (1999) 71 Cal.App.4th 831, 836, 84 Cal.Rptr.2d 151, 154-155–Lender participated in fraud where Lender was present when false statements were made to Borrower and Lender not only did nothing to correct false statements but actually helped Borrower sign loan documents.
Under the court’s broad equitable power, rescission may also lie against a contracting party who was entirely innocent of any wrongdoing but simply a ‘conduit’ through whom a third party’s fraud was perpetrated.
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Dependable Legal Assistance with Consumer Rights Defenders, on August 6, 2012 at 8:35 am said: Your comment is awaiting moderation.
At Consumer Rights Defenders, we “get it” and can help you with your legal action today. Free consultations are offered for every caller. 818.453.3585 and ask for Sara or Steve. Our attorneys are available to make appearances for your case at low cost if you are in pro se.
Harold and Marge P. from Dallas: “We contacted Consumer Rights Defenders and they had our suit ready within a week. They helped us stop a bogus foreclosure with their strategies and litigation help. We just settled with our lender for 3% for 60 months and got a forgiveness of the arrears!”
Shanshi M. from Boston: “The folks at CRD are knowledgable, able and quick to help us. We needed a TRO and they helped us. Thanks, Consumer Rights Defenders.”
Mr. and Mrs. Wie from San Diego: “We did not know how to sue our bank. Mr. Nelson and Ms. Stephens and the attorneys at CRD gave us all the help we could possibly need and provided attorney appearances for us ever time we needed one at a very low cost. God Bless Consumer Rights Defenders!”
We work with the Garfield loan and securitization audits in helping prepare litigation for our clients. We can help you. Call us today at 818.453.3585.
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We can help you too to save your home. 818. 453.3585. Ask for Steve at Consumer Rights Defenders, attorneys and paraprofessional here to take your calls. CR.Defenders@yahoo.com
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