This is a discussion on Lawyer in the House? within the Mortgage Legal forums, part of our Mortgage Chat category; Follow-up to this thread, but felt it was going in a new direction. http://www.loansafe.org/forum/predat......
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| Senior Member Join Date: Apr 2008
Posts: 804
| Follow-up to this thread, but felt it was going in a new direction.http://www.zinomortgage.org/forum/predat...lending.htmlSo I did more research and it seems that the bank violated Preadatory lending in my state. The interest rate was considered a high rate interest rate in which you (according to my research) can't do no doc loans, have to have third party counseling etc.After 5 months they realized their mistake and strong-armed us into refinancing even though I was working on another real estate deal and didn't want the mark of a new account on our credit report. We pretty much had to do it.You will have a lower interest rate the said, big deal 2% on a 20% second mortgage. They were just trying to sweep their mistake under the rug. Here are my questions.....1. Even though they refinanced it would seem to me the new loan is just really an extension of the old loan. Especially since they didn't in good faith try to help us or offer the counseling that is mandated by law. Legal basis here?2. Is their some type of fraud in the way they forced us to refinance?3.*** What makes a lien subordinate to another. On the application it says the first mortgage (the 80% portion that is not in dispute by the same lender) is subordinate to the new loan. It also says that currently our firs mortgage is xxx and second is yyy, and then a proposed section it has it reversed. first (new refinance) yyy, and second (old 1st) xxx. I looked up the deed and the refinance is still secon. This is important because if it was refinanced as a first mortgage then the interest rate benchmark for high interest loans varies, and they violated the law AGAIN!3a. The original was a no do (liar loan) with inflated income, we were never interviewed for the second time for the application, they just copied it from the first app five months earlier. The interviewer listed didn't even work for the company as his office closed.4. Since it is a 80/20 combo loan is the 80% innocent for a lack of a better word. In other words there would be no 80/20 without the illegal 20. "Why are you taking my 5,000 sq. ft mansion, I never sold drugs out of here" |
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| | #2 |
| Junior Member Join Date: Jun 2008 Location: Jacksonville, FL
Posts: 1
| I've decided I want to fight for my house. I'm not asking for anything other than having my missed payments added to the end of my loan. I'm a victim of Ocwen. In my research, I came across a sample letter you'd send to the mortgage company demanding proof of ownership of the note, master payment logs, list of loan history, etc. Now I can't find that letter anywhere. Can you lead me in the right direction? I've been working at Ocwen since February on a modification--it's like spitting in the wind. I want to file an amended answer to the lis pendis complaint, sue the mortgage company and the servicer. I had a valid reason for falling behind. I've kept a log, and I've been on hold a total of 397 hours and 32 minutes. I'm done. My eyes are killing me, and I need to find that sample letter. Can you help? |
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| Thread | Thread Starter | Forum | Replies | Last Post |
| Has anyone used the lawyer Gregory Paiva? | Mike | Credit Problems | 0 | May 12th, 2008 07:32 AM |