· 2 Days before Forclosure Sale - Client refinanced in 2004. Examination found Federal violations of Truth In Lending Act. Rights To Cancel was not filled in. Costs not properly disclosed. Results: foreclosure stopped and law suit filed to rescind the loan, refund all interest paid, all costs to acquire the loan, plus attorney's fees and damages.
·· Three Days Before Foreclosure Sale - Documents revealed Right to Cancel not correct. Interest rate promised and loan program was not the same as delivered. Bait and Switch. Broker not state licensed.Results: Foreclosure sale was stopped day before sale,
·· Home Already Foreclosed - Purchase loan in 2006. Examination of documents concluded that there was no Truth In Lending in final documents along with other missing disclosures. Contact with lender revealed that they did not have Truth In Lending either. No early disclosures provided except for Pre Qual TIL which reflected an APR of 3.6569, but privided loan was 6.5%. 6500 - Consumer Protection, § 226.18 (c) § 226.19, "Early Disclosure" by not providing required disclosures within the time frames specified in this law. Results: Demand letter sent to cease and desist from eviction proceedings, return ownership to the clients, rescind the loan, pay $35,000 in damages plus attorneys fees.
·· Home In Foreclosure - Bait-in-Switch, Originating lender's initial disclosures indicated a 2 year fixed loan at 7.00% with 2 year prepayment penalty. No broker disclosures. Terms were discussed in Spanish. Final loan documents had a 2 year fixed rate with two year prepayment penalty at 8.% start rate. Clients thought they were getting the terms as originally discussed in Spanish and signed the loan documents which were printed in English and were not translated by the notary. Results: Foreclosure stopped and Loan Modified
·· Home In Foreclosure - Refinance Loan in 2006. Elderly woman, 70 years old. After signing, attempted to cancel loan by calling lender and title company. Both told her to call broker. Faxed Right to Cancel to broker. Broker refused to Cancel. While this was happening, appraiser came to appraise home, after docs had been signed. Client told appraiser that loan was cancelled. Appraiser called broker who told him to "do it anyway. Elderly woman who can be easily deceived." Status: Foreclosure stopped and Lawsuit filed against broker and lender.
·· Foreclosure with Auction scheduled in three weeks - Clients refinanced in late 2006 from a 2 Year Fixed at 5.75% into a 2 year fixed at 10%, due to needing funds for the completition of renovations to home and with an NOD. Broker pre-approved for an Option ARM loan Lender which would never have been approved. Claimed that lender turned down loan due to appraisal issues. Bait and Switch issues. Stated income issues when income documentation had been provided. Later Appraisal fraud for non-disclosure. Results: Foreclosure postponed. Loan mod settlement with lender in process. Lawsuit against broker filed.
The foregoing cases are only a few examples of the benefits of having your documents examined. A complete document examination is the first step to achieving a beneficial loan modification. Attorneys use my discoveries as leverage to obtain the best loan solution for you. Whether it be legal action against the parties involved in your loan or a loan modification, the right place to start is here.