[simon l]

deed-in-lieu to servicer have on rescission suit? We rescinded our mortgage loan (written notice to Lender/originator, servicer; all 3rd parties publicly noticed) under the Truth In Lending Act (presume timely w/in the 3-yr extension) for non-disclosure of NTC and full extent of security interest, fraudulent inducement, misrepresentation, active concealment. The Lender was repaid in full by unknown 3rd party, claims no authority to rescind. The servicer is requiring tender of proceeds or deed-in-lieu, also claims no authority to rescind. The lender, servicer have repeatedly refused to disclose identity of third party owner of loan with whom we need to negotiate (repeated TILA violations for the lender, repeated RESPA (QWR) violations by the servicer, who is now also attempting foreclosure despite having no standing).The servicer has been dragging this out for over 2 years now, we do not have the resources to drag this out further. If we do deed-in-lieu with the servicer (who filed f/c without standing 8 mos after our rescission notice), do we then forfeit recourse under TILA/RESPA? Our damages (actual/statutory) exceed the loan amount, we need an attorney who will take over on contingency in Illinois.