TILA Rescission letter was mailed on XXXX XXXX, 2010. The effect of TILA Rescission is, as a matter of law and by operation of law, to cancel the loan contract, and to render the note and mortgage void. The matter is well settled, to wit : the rescission exists, it is effective as a matter of law. The rescission is effective upon mailing. The pretender lender, Bank of America N. A., do not dispute that rescission has occurred but seek to invoke issues in a case that is not and can not be before any Court, to wit : whether the rescission is effective. And they seek to do so through motions in which they deftly avoid the requirement of pleading and proving facts in a proper lawsuit to vacate the rescission, thus depriving the homeowner of their right to raise appropriate defenses to the non-existent lawsuit seeking to foreclose. Pretender lender want the courts to enter an order that would impliedly vacate the rescission. The pretender lender seek to have the court assume facts about the consummation of the alleged loan including the date or dates when consummation occurred and the source of funding for the alleged loan. They even want the court to assume that disclosures were adequate. They seek to have courts adopt the premise that the rescission is not effective upon mailing if there are potentially defects in the reasoning or actions of the borrower. ( XXXX v Countrywide ). SCOTUS clearly stated that the rescission is complete upon mailing, regardless of whether it is disputed or not. This eliminate the right of Bank of America N. A., et al to raise a challenge. All three branches of government are in unanimous agreement : TILA Rescission is effective upon mailing by operation of law. Nothing further is required from the borrower. 
