Category: RESPA
By Andy Miofsky, Illinois Consumer Law Attorney
closeAuthor: Andy Miofsky, Illinois Consumer Law Attorney
Name: Andy Miofsky, Illinois Consumer Law Attorney
Email: ndinstl@gmail.com
Site: http://www.illinoisforeclosureattorney.com/
About: Andy Miofsky [618/931-1313] is a consumer rights lawyer with offices in Granite City Illinois and Mount Vernon Illinois, representing debtors in bankruptcy throughout the Central and the Southern District of Illinois since 1979. He has filed suit for his clients against some of the largest banks and debt collectors in this country. He teachers consumers to fight back against debt collection violations and rewards them with settlement checks for their damages.See Authors Posts (29) on Apr 3, 2009 in Featured, Mortgage Issues, Mortgage Servicer Abuses, RESPA | 0 Comments
When your mortgage holder transfers servicing of your loan to a new company, you are entitled to receive a notice from both the old servicer and the new servicer within 15 days of the transfer. The notice must tell you:
1. The effective date of the transfer, the date your current servicer will stop accepting payments [...]
By Andy Miofsky, Illinois Consumer Law Attorney
closeAuthor: Andy Miofsky, Illinois Consumer Law Attorney
Name: Andy Miofsky, Illinois Consumer Law Attorney
Email: ndinstl@gmail.com
Site: http://www.illinoisforeclosureattorney.com/
About: Andy Miofsky [618/931-1313] is a consumer rights lawyer with offices in Granite City Illinois and Mount Vernon Illinois, representing debtors in bankruptcy throughout the Central and the Southern District of Illinois since 1979. He has filed suit for his clients against some of the largest banks and debt collectors in this country. He teachers consumers to fight back against debt collection violations and rewards them with settlement checks for their damages.See Authors Posts (29) on Apr 2, 2009 in Foreclosure Defense, Mortgage Servicer Abuses, RESPA | 0 Comments
If you have a dispute with your mortgage holder, or the mortgage servicer of your account, you can send a Qualified Written Request letter seeking answers to your questions, says foreclosure defense attorney Andy Miofsky. The Real Estate Settlement Procedures Act requires your lender acknowledge receipt of your letter within 20 days. The lender has [...]
By Andy Miofsky, Illinois Consumer Law Attorney
closeAuthor: Andy Miofsky, Illinois Consumer Law Attorney
Name: Andy Miofsky, Illinois Consumer Law Attorney
Email: ndinstl@gmail.com
Site: http://www.illinoisforeclosureattorney.com/
About: Andy Miofsky [618/931-1313] is a consumer rights lawyer with offices in Granite City Illinois and Mount Vernon Illinois, representing debtors in bankruptcy throughout the Central and the Southern District of Illinois since 1979. He has filed suit for his clients against some of the largest banks and debt collectors in this country. He teachers consumers to fight back against debt collection violations and rewards them with settlement checks for their damages.See Authors Posts (29) on Apr 1, 2009 in Mortgage Servicer Abuses, RESPA | 0 Comments
No, if you paid your original lender on time, the new lender cannot charge you a late fee for the first 60 days after a transfer, according to the federal Real Estate Settlement Procedures Act. Plus, each lender is required to give you notice 15 days before your payment is due when an account is [...]
By L. Jed Berliner, Marlborough & Springfield, MA Foreclosure Defense Attorney
closeAuthor: L. Jed Berliner, Marlborough & Springfield, MA Foreclosure Defense Attorney
Name: L. Jed Berliner, Marlborough & Springfield, MA Foreclosure Defense Attorney
Email: jed@berlinerlaw.com
Site: http://www.berlinerlaw.com
About: Attorney L. Jed Berliner has concentrated his law practice in bankruptcy, commercial litigation, creditors' rights and debtor's remedies since 1982, having generally practiced since 1976. He opened the Berliner Law Firm of Springfield, Massachusetts in 1988 and now practices exclusively in consumer bankruptcy and related consumer protection litigation.
Attorney Berliner received his Bachelor of Arts Degree from Cornell University in 1972, and his Juris Doctor degree from the University of Kansas in 1977. He practiced general law in northern Michigan, established a bankruptcy concentration in Boston, MA in 1982, and established his Springfield, MA practice in 1988.
Attorney Berliner is a regular and active contributor to the Bankruptcy Law Network, the Bankruptcy Roundtable, and the National Association of Consumer Bankruptcy Attorneys, three specialized consumer bankruptcy forums on the Internet, and is an informal mentor to regional practitioners. He contributed to the local rules on electronic filing rules and is recognized by his peers as an expert in consumer bankruptcy issues. He thoroughly enjoys being rated "excellent" in his client surveys.See Authors Posts (24) on Aug 31, 2008 in Foreclosure Defense, Mortgage Issues, Mortgage Issues In Bankruptcy, RESPA | 0 Comments
Here are six arguments to stop a foreclosure:
1. The Truth In Lending Act (four states have their own approved versions; in MA it is the Consumer Credit Cost Disclosure Act) allows for rescission, if there are defective disclosure. Rescission requires repayment of the principal amount borrowed, less all payments made. In the old days, maybe [...]
By Andy Miofsky, Illinois Consumer Law Attorney
closeAuthor: Andy Miofsky, Illinois Consumer Law Attorney
Name: Andy Miofsky, Illinois Consumer Law Attorney
Email: ndinstl@gmail.com
Site: http://www.illinoisforeclosureattorney.com/
About: Andy Miofsky [618/931-1313] is a consumer rights lawyer with offices in Granite City Illinois and Mount Vernon Illinois, representing debtors in bankruptcy throughout the Central and the Southern District of Illinois since 1979. He has filed suit for his clients against some of the largest banks and debt collectors in this country. He teachers consumers to fight back against debt collection violations and rewards them with settlement checks for their damages.See Authors Posts (29) on Jul 2, 2008 in Mortgage Issues, Mortgage Issues In Bankruptcy, Mortgage Reform, Mortgage Servicer Abuses, Predatory Lending, RESPA | 0 Comments
The National Association of Consumer Advocates (NACA) will conduct a Mortgage Lending Litigation Conference on September 5th, 2008 in Cleveland OH. The program is restricted to NACA members, however, qualified candidates who are members of the National Association of Consumer Bankruptcy Attorneys can submit an application for membership to the NACA board of directors.
Ohio courts [...]
By Eugene S. Melchionne, Connecticut Consumer Lawyer
closeAuthor: Eugene S. Melchionne, Connecticut Consumer Lawyer
Name: Eugene S. Melchionne, Connecticut Consumer Lawyer
Email: eugene.melchionne@bankruptcylawnetwork.com
Site: http://www.ctbankruptcy.com
About: Mr. Melchionne is a graduate of The University of Connecticut (BA 1977) and Drake University School of Law (JD 1980) where he received the American Jurisprudence Award for academic excellence. Most recently, Mr. Melchionne was appointed to the Commission on Mortgage Foreclosures by Connecticut Supreme Court Chief Justice Chase Rogers to recommend changes to procedures to protect consumers in the Connecticut Courts in foreclosure cases.
Since 1980, Mr. Melchionne has focused his practice in the areas of consumer bankruptcy, workouts and foreclosure defense in distressed real estate markets, real estate transactions, condominium law, commercial litigation, business organizations and probate. Prior to opening his office in 1990, Mr. Melchionne was the Vice President of the Waterbury Credit Bureau and was associated with Grady & Riley in Waterbury, Connecticut and DiPietro, Kantrovitz & Brownstein, P.C. in New Haven, Connecticut. From 1990-1998, Mr. Melchionne was of counsel to Bender & Anderson handling that firm's complex litigation and trials. In addition to his practice, Mr. Melchionne was an adjunct professor at the American Institute of Banking and Teikyo Post University teaching bankruptcy, real estate, commercial and consumer law. Mr. Melchionne also advised the Corporation Counsel's office for the City of Waterbury on bankruptcy and foreclosure matters and mentored junior attorneys in that office.
Mr. Melchionne was appointed State Chair for the National Association of Consumer Bankruptcy Attorneys (NACBA). He acts as liaison between the national organization and Connecticut attorneys who are members of the Association.See Authors Posts (38) on Jul 1, 2008 in Mortgage Issues, RESPA | 0 Comments
Earlier, I described what a “Right of Rescission” is in the context of a mortgage refinance. A summary review of the cases in my office show some of the common mistakes that lenders (and attorneys) make when exxecuting mortgage refinance documents. A typical Notice of Right of Recission is found here.
An obvious common mistake is [...]
By Eugene S. Melchionne, Connecticut Consumer Lawyer
closeAuthor: Eugene S. Melchionne, Connecticut Consumer Lawyer
Name: Eugene S. Melchionne, Connecticut Consumer Lawyer
Email: eugene.melchionne@bankruptcylawnetwork.com
Site: http://www.ctbankruptcy.com
About: Mr. Melchionne is a graduate of The University of Connecticut (BA 1977) and Drake University School of Law (JD 1980) where he received the American Jurisprudence Award for academic excellence. Most recently, Mr. Melchionne was appointed to the Commission on Mortgage Foreclosures by Connecticut Supreme Court Chief Justice Chase Rogers to recommend changes to procedures to protect consumers in the Connecticut Courts in foreclosure cases.
Since 1980, Mr. Melchionne has focused his practice in the areas of consumer bankruptcy, workouts and foreclosure defense in distressed real estate markets, real estate transactions, condominium law, commercial litigation, business organizations and probate. Prior to opening his office in 1990, Mr. Melchionne was the Vice President of the Waterbury Credit Bureau and was associated with Grady & Riley in Waterbury, Connecticut and DiPietro, Kantrovitz & Brownstein, P.C. in New Haven, Connecticut. From 1990-1998, Mr. Melchionne was of counsel to Bender & Anderson handling that firm's complex litigation and trials. In addition to his practice, Mr. Melchionne was an adjunct professor at the American Institute of Banking and Teikyo Post University teaching bankruptcy, real estate, commercial and consumer law. Mr. Melchionne also advised the Corporation Counsel's office for the City of Waterbury on bankruptcy and foreclosure matters and mentored junior attorneys in that office.
Mr. Melchionne was appointed State Chair for the National Association of Consumer Bankruptcy Attorneys (NACBA). He acts as liaison between the national organization and Connecticut attorneys who are members of the Association.See Authors Posts (38) on May 31, 2008 in Mortgage Issues, Predatory Lending, RESPA | 0 Comments
When you borrow money against a home you already own, the Federal government is there trying to help you avoid making a serious or costly mistake. The Federal Truth In Lending Act (in effect since 1979) requires that you receive a three business day “cooling off” period after you sign the mortgage papers to decide [...]
By Wendell Sherk, Missouri Attorney
closeAuthor: Wendell Sherk, Missouri Attorney
Name: Wendell Sherk
Email: wjsherk@alum.wustl.edu
Site: http://www.stlbankruptcy.com
About: I have been a consumer attorney since 1989. Our firm represents consumers almost exclusively, primarily but not exclusively in bankruptcy court. My partner and I have each represented bankruptcy trustees as well as creditors. If you live in Eastern Missouri, visit our website, send an e-mail or give us a call (314) 781-3400. Please mention Mortgage Law Network.See Authors Posts (21) on May 30, 2008 in Interest and Fees, Mortgage Issues, Predatory Lending, RESPA | 0 Comments
Mortgage brokers tend to charge more to place a loan than you would have to pay if you went directly to the lender, according to a recent HUD Study. This is not a surprise to consumer advocates but it tends to contradict the story told by mortgage brokers and their lobbyists. There’s a [...]
By Eugene S. Melchionne, Connecticut Consumer Lawyer
closeAuthor: Eugene S. Melchionne, Connecticut Consumer Lawyer
Name: Eugene S. Melchionne, Connecticut Consumer Lawyer
Email: eugene.melchionne@bankruptcylawnetwork.com
Site: http://www.ctbankruptcy.com
About: Mr. Melchionne is a graduate of The University of Connecticut (BA 1977) and Drake University School of Law (JD 1980) where he received the American Jurisprudence Award for academic excellence. Most recently, Mr. Melchionne was appointed to the Commission on Mortgage Foreclosures by Connecticut Supreme Court Chief Justice Chase Rogers to recommend changes to procedures to protect consumers in the Connecticut Courts in foreclosure cases.
Since 1980, Mr. Melchionne has focused his practice in the areas of consumer bankruptcy, workouts and foreclosure defense in distressed real estate markets, real estate transactions, condominium law, commercial litigation, business organizations and probate. Prior to opening his office in 1990, Mr. Melchionne was the Vice President of the Waterbury Credit Bureau and was associated with Grady & Riley in Waterbury, Connecticut and DiPietro, Kantrovitz & Brownstein, P.C. in New Haven, Connecticut. From 1990-1998, Mr. Melchionne was of counsel to Bender & Anderson handling that firm's complex litigation and trials. In addition to his practice, Mr. Melchionne was an adjunct professor at the American Institute of Banking and Teikyo Post University teaching bankruptcy, real estate, commercial and consumer law. Mr. Melchionne also advised the Corporation Counsel's office for the City of Waterbury on bankruptcy and foreclosure matters and mentored junior attorneys in that office.
Mr. Melchionne was appointed State Chair for the National Association of Consumer Bankruptcy Attorneys (NACBA). He acts as liaison between the national organization and Connecticut attorneys who are members of the Association.See Authors Posts (38) on May 11, 2008 in Featured, Interest and Fees, RESPA | 0 Comments
When shopping for a mortgage loan, most consumers are concerned with the interest rate of the loan. Within the past five years, interest rates on mortgages have hit historical lows and many home loans have been made. But there is more to a mortgage loan than the interest rate and a careful shopper [...]
By Jonathan Ginsberg
closeAuthor: Jonathan Ginsberg
Name: Jonathan Ginsberg
Email: ginsberg@gmail.com
Site: http://
About: See Authors Posts (16) on Dec 19, 2007 in Interest and Fees, RESPA | 0 Comments
The Atlanta Journal-Constitution reports today that the Federal Reserve has released a proposal for new rules that impose “tough new restrictions meant to curb unfair and deceptive home-lending practices and prevent a recurrence of this year’s meltdown in subprime mortgages.”