Foreclosure Defense Checklist
By L. Jed Berliner, Marlborough & Springfield, MA Foreclosure Defense Attorney on Aug 11, 2009 in Foreclosure Defense, Foreclosure Process, Mortgage Issues
Here’s a list to stop a foreclosure. Much depends on your particular state’s law, of course. It’s an incomplete work in progress, because new theories are being developed and tested every day. So much is being newly argued that the courts are not uniform on their rulings, whether for liability or for remedies.
1. Was the Annual Percentage Rate in the Truth In Lending disclosure properly calculated?
3. Were the mortgage terms unfair or deceptive, such as a teaser rate?
4. Was a list of HUD-approved counselors given within 45 days after the first missed payment?
6. Did the lender hold the mortgage at all times required for the foreclosure process?
10. Was there fraud, perhaps from reckless use of an inflated appraisal, or tampering with a mortgage application, or falsely promising that the mortgage would be refinanced again?
See my earlier post for more information.
Related posts:
Sorry, comments for this entry are closed at this time.