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Rescind Your Mortgage Loan and Save Your Home From Foreclosure!

By
Real Estate Broker/Owner with Realty One Group

The current mortgage crisis has brought about increased awareness of mortgage loans fraught with errors that could allow homeowners to completely rescind their mortgage loan, including those homeowners facing foreclosure.

Violations of the Truth in Lending Act (Regulation Z) have proven to be very effective defenses for homeowners currently facing the prospect of a mortgage loan foreclosure, literally stopped the foreclosure action from continuing forward, once the findings of violations of either HOEPA or Truth in Lending have been found.

Improper calculations of finance charges directly related to the Truth in Lending statement of (TIL) have been found in over 80% of mortgage loans originated by banks and mortgage lenders over the last 5 years, creating huge liability for banks and mortgage lenders to refund ALL of the finance charges and other loan costs associated with the mortgage loan.  In addition, the mortgage loan itself could be completely rescinded, leaving a ZERO mortgage balance owed by the homeowner!

However, it does not end there. Violations of both Regulation Z (Truth in Lending) could yield additional penalties to the bank or mortgage lender, including:

*Requiring the bank or mortgage lender to refund ALL sums paid over the life of the mortgage loan

*Reimbursement of all court costs and legal fees

*Triple damages may be awarded to the homeowner if litigated in court.

The violations of Truth in Lending are quite severe, as many of our nation's top banks and mortgage-lending companies are finding.  For the tens of thousands of homeowners who fell victim to Predatory Lending by unscrupulous mortgage brokers and loan officers, this news could not have come at a better time.

For a mortgage loan to be considered rescindable under Federal law, a borrower must demonstrate:

*The mortgage loan was secured by a principal dwelling of the person for whom the credit was extended.

*The loan was not used to purchase an existing home or construct a new home.

*The mortgage loan was a refinance of a previous loan either: 1) held by a different mortgage lender than the original lender, or 2) the borrower refinanced with the original lender and took cash out of the subject property.

*The loan was closed less than three (3) years ago.

*AND on e of the following applies:

-The loan is currently in foreclosure and any mortgage broker fee was not included in the finance charge

-The loan is currently in foreclosure and the finance charge was understated by more than $35

-A material disclosure was not provided to the borrower, including the disclosure of the correct:

                *APR (Annual Percentage Rate)

               *Finance Charge

               *Total of Payments

               *Payment Schedule

               *Existence of a variable rate feature, if applicable.

               *Information with respect to the notice of Right to Rescind.

  

-The loan is not in foreclosure AND the finance charge exceeds .50% of the mortgage loan amount or $100, whichever is greater.

 

Homeowners interested in having their mortgage loan documents reviewed for Truth in Lending errors should contact an experienced and qualified Mortgage Loan Auditor to see if your mortgage loan has violations of the Truth in Lending law.  After that, you should contact a qualified Consumer Law attorney experienced in dealing with Federal lending laws.

 

 

Mike Sikorski, MBA, GRI

Licensed Real Estate Broker

Licensed Mortgage Broker

Loss Mitigation Specialist

Florida Realty Network LLC

22079 Kimble Avenue

Port Charlotte, Florida 33952

(941) 206-6000

Mike@FloridaRealty.net

Anonymous
Bill Cobb

I've seen these emails about this coming from US Homesavers.   I wonder why this is only an option for loans "refinanced" and not for purchase loans?   Just curious!   Thank you, Bill

Sep 15, 2008 11:33 PM
#1
Mike Sikorski
Realty One Group - Port Charlotte, FL
MBA, GRI, CRS

The provision for rescission under TILA is for principal residences with refinanced mortgages only.

Sep 16, 2008 12:03 AM
Dan Hartman
Province Mortgage Associates - NMLS #2861 - Providence, RI

Mike-

Great information - thanks for bringing this up!

Dan

Sep 16, 2008 01:50 PM
Anthony Negrete
Negrete's Notary Service Inc. - Mansfield, OH

Mike, I understabd exactly what you are talking about.

I am however the owner of a Nationwide Signing Service that did 1000s of loans over the last 5 years. Most where originated by out of state Mortgage Companies. Never ever did I send a Notary Signing Agent to a borrowers home without any of the documents mentions in your blog.

I do not know what your motivation is behind this blog. I am sure that there where some L.O.s that did in fact do just what you are talking about, but I am also sure that all of the honest and knowledgeable Notary Signing Agnet that worked in this industry the last 5 years DID NOT do what you are talking about.

If you have any comments please feel free to send me an e-mail.

Anthony J Negrete  ( tony@negretesnotaries.com )

Negrete's Notary Service Inc.

www.negretesnotaries.com

Nov 11, 2008 10:41 AM
Anonymous
Steve

Seems like attorneys would be standing in line to do a "CLASS ACTION LAWSUIT" for all those borrowers who were told they could Refi out of their Subprime loan in a couple years, which was not true ...

Mar 29, 2009 01:34 AM
#5
Anonymous
Jackie

I have a question about this... in my loan my PMI is done as an APR/%.  If the amount of the APR that they said was for my PMI on my loan application is lower than what ended up being the amount of the APR PMI that was put into my promise note and loan by .25 - .5% then is this a violation?

Can they just change the terms without telling me? I wouldn't know to look for that when signing and if I had known upfront the correct APR would maybe have chosen a different mortgage company.

Apr 02, 2009 08:07 AM
#6
Anonymous
Laurie
Seems like a lot of people should be doing this !! How do I get started? In southern California. Thanks.
Sep 10, 2010 01:46 PM
#8