Tuesday, March 3, 2009

One of the best on Loan-Modification and the Law

Posted on/at 4:46 AM by Wanto

By John Krol

More and more "professionals" are coming out of the woodwork to "help" with your mortgage. Whether you are in default, foreclosure, in the midst of sale or eviction, or just sitting with a mortgage where the note is worth more than the house, there are plenty of remedies available for you to pursue and plenty of defenses to stop the foreclosures dead in their tracks. There are even methods by which you can modify your note downward, even without the congressional bill currently wandering through the halls of capital hill.

The fact is that had you known your "lender" was just some middleman who didn't care whether you could afford the mortgage or not, had you known that within 3-12 months your payments would be too high for you to qualify for the mortgage they were granting you at closing, had you known that the appraised value of your house and all the houses in your new neighborhood were artificially inflated (i.e. false and deceptive), well then you probably would have figured out this wasn't such a good deal and that you could be in for a lot of heartbreak not too far down the road.

All the people at closing - from the title agent through the lender - were only there for one purpose: to get your signature on those documents so the mortgage, the note and the servicing rights could be used to satisfy the commitments made on securities already sold in anticipation of your signature and the signature of millions of other people just like you.

BEWARE OF CHARLATANS!!!

Very few lawyers really know anything about TILA from the consumer prospective. Some lawyers who have represented lenders and others involved in the lending process, have familiarity with the procedures in TILA disclosures and statements but have a virtually no knowledge of the remedies for consumers and borrowers or how to pursue them. Yet lawyers are allowed to take your case even though they have no idea where to start. Accountants can do audits of your closing even they have no idea where to start.

The best source for a TILA audit is from people who are former auditors who worked for bank regulation agencies. I found one operation and I am starting to work closely with them. In fact, to be honest, I stopped looking for others after I got to know these people and I completed the due diligence. That is why I have a link for you to go to at www.repairyourloan.com.

There are costs in performing the audit, getting the right documents from the lender and from you. Don't forget, with all the sales of mortgages, notes and servicing rights, demands for the documents showing who is the real party in interest in your particular mortgage and note takes time and money. The lenders will almost always be reluctant to disclose that information but eventually they give in.

http://usaLoan-Modification-Colorado.com


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