If you are a practicing lawyer: Do you use protection by refund 15 USC 1640 (e) How strong positive protection for your customers?
If you are a consumer: Did you have a loan (from the moment of filing the application for the current one), verified by an analyst of debt debt crisis?
I get a fair amount of "conspiracy theories" or call people who would swear that the CIA is secretly involved in the loan for which they signed up, and that all fraud measures occurred against them by all participants and ... you understand. My first question to this person is always: “Great, so you are ready for a fixator in the amount of $ 15,000, a good lawyer will want to spend his time studying, quantifying, begging and trying such a case? the answer is ...
Others have read (or heard) that loan auditing and TILA violations can help you if this is a refinancing loan for a primary residence over the last three (3) years. In order to have the EXTENDED RIGHT TO RESIDENCE, these conditions must be in place, but the refusal is not the only thing that can help someone in (or in danger of) recovery.
When it comes to protecting oneself from foreclosure, the first business procedure is to establish clear and genuine problems of a material fact in a case. In the Florida Foreclosure Protection Strategy, the client wants to quantify these genuine issues of material fact in the foreclosure case, since no judge should give a motion for pure judgment. What for?
There is a widely established law in the state of Florida that prevails in sentencing if there are unresolved issues of material fact. Johnson v. Boca Raton Community Hosp., Inc. , 985 So.2d 141, Murphy v. Christian Association of Young People in Lake Wales, Inc. , 974 So.2d 565. “Substantial fact” for purposes of summary trial is a fact that is important for resolving legal issues raised in the case, Continental Concrete, Inc. against Lakes at La Paz III Ltd. partnership , 758 So.2d 1214.
Successfully overcoming total judgment is a big estimate in favor of the consumer and can significantly improve the chances of getting a viable and fair workout, and then completely, while avoiding foreclosure.
Thus, one of the practice areas of Lane Houk and his team is helping consumer attorneys by completing a forensic audit of a client's credit documents from the day they applied for this loan until today. Why would a ransom client do this? Let's think about it ...
- Often the client did not receive proper “pre-closure disclosures” in accordance with the Truth in the Law on Lending (TILA) and the Law on Real Estate Settlement Procedures (RESPA);
- Especially when there was a mortgage broker or interim lender
- The actual “creditor” in the transaction was under the same temporary obligations to provide specific disclosure to the client from the day the application was received
- Many abuses in the service industry that could occur from the time of closure to the current
- Insufficient number of certain disclosure violations
- Escrow abuse violations ( I saw people almost lose their home to make the honest mistake that the bank made, but did not budge until it attracted a good lawyer. )
- The list continues ...
In accordance with the section of civil liability TILA [15 USC 1640 (e)] for violations in which it is stated that any actions under this section may be acquired in any United States District Court or in any other court of competent jurisdiction within one year from the date the offense occurred. But in this subsection it is not forbidden to accuse a person of violation of this subsection of the debt collection action that was purchased more than one year from the date of the violation as a defense by means of recoupment ...
The consumer may file a claim for damages within one year from the date of closure. However, it is not prohibited for a consumer to sue as a “payback protection issue” as a result of foreclosure, since the buy-out action is a debt collection action. (i.e., almost all repurchase complaints are filed with some level of disclosure that “this is a debt collection action”), although it does NOT disclose that it should not be excluded that any such action is NOT an attempt to collect a debt. )
Any such quantitative TILA (Transfer of Rights) violation requirement from the audit report must be confirmed by an attorney. This is a serious problem of material fact. No judgment. The lender will have to complete the action. This should give you a lot more leverage to get a workout. At the very least, it gives you / your client much more time in the house and time to try to do something that works for both parties; something that is very necessary these days, because I still see a lot of servicer abuse / misuse occurring every day.
I hope this little insight gives you some ideas on how you can help yourself in a buyout case. If you want more information about the audit of a court loan, call me at (800) 985-4685 ext. 2 or by email at Lane@thePatriotsWar.com
© Lane A. Houk - 2009- All Rights Reserved
