Chapter 6 of the book, Fight Foreclosure! urges all homeowners who are at risk of mortgage foreclosure to consider possible legal defenses to mortgage foreclosure. The book describes possible and common violations to the Federal Truth In Lending Act (TILA) which, if substantiated, could be used to challenge the validity of the foreclosure proceedings.  A consultation with an attorney whose practice includes Regulation Z compliance would be an important step in raising allegations of TILA violations.

I recently had a conversation with two attorneys from Legal Services Corporation who called to question my qualifications to even raise the issue of possible TILA violations, or to conclude a loan contains 'predatory' characteristics.

 "Are you an attorney?"

"No, but, truth be told, you don't have to be a fisherman to know when a fish stinks...."

"What qualifies you to determine if a loan is predatory, or if TILA violations are present?" 

"I don't make any determinations for distressed homeowner who seek default counseling, and always encourage them to seek legal counsel. I help them assemble a checklist of their loan document they'll probably need to enable a third party (judge or attorney) to ascertain the loan's predatorial character, or violations to TILA. 

Realistically, however, those who need legal services the most usually cannot afford to hire the services of a lawyer, or, do not qualify for help from legal aid.

As to my qualifications?  I've got 20 years in real estate, real estate finance, and mortgage loan servicing and at times served as mortgage loan servicing expert witness in Federal Court(s).  

I turned the talk around and asked Legal Services if it would perform free Reg Z compliance reviews for all homeowners I would refer.

"Well........"

During the conversation, it was revealed that legal services helps "qualified" distressed homeowners determine if their mortgage loan is predatory and/or contains violations to TILA.  But, there are residency and income restrictions to be met before a homeowner can receive free legal services.  Admittedly, many homeowners are not eligible for free services, and must instead find a low cost attorney to perform a mortgage review for compliance.

My non profit, 501c3 organization is seeking legal volunteers. Are there any lawyers out there who would be willing to provide a free, cursory review for TILA violations, and to indicate whether or not a loan may have predatory characteristics?

If so, let's talk.  TOE Please email me:  NJSPOCH@aol.com

non profit resource