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is anyone aware of lawsuits against american home mortgage for deceptive advertising regarding their meg amortzation loans? they said they were fixed for 5 years, but what was fixed was the min payment, the rates started going up after 6 months, 6 months BEFORE the prepayment fee. this locked you into a 2.5 % raise, making interest only payments rise from $4500 to $6500 Before you can refinance, but the mn payment is still $3600, my partner was in chicago and I dont think it was properly explained.now for a million dollar loan the monthly payment is $7500 with taxes, that is insane, if there is a class or If we can sue them, they are in chapter 11 for a reason, I think we may be able to lower the payments or get credit towards a re-finance.

Submitted: 732 days and 7 hours ago.
Category: Legal
Value: $45
Status: AWAITING CUSTOMER ACTION
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Optional Information

Optional Information:
west hills, California

Already Tried:
going to lendor for re-finance, calling loan broker who is out of business, escrow who says "not their problem"

Accepted Answer

Hello,

This is a common issue, there are a number of issues here and what you need to do is try to negate the original contract.

I will have access to my research tools tomorrow afternoon and will look them up if you don't mind.

In the interim if any other experts have information ready, they are welcome to post it.

Is that ok?

Cheers

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Expert: Flagbridge-ADR
Pos. Feedback: 99.5 %
Accepts: 
Answered: 11/19/2007

Arbitrator/Mediator

Law Degree, New York Bar Exam, Arbitrator/Mediator, Just Answer LEGAL Mentor.

Posted by Flagbridge-ADR 731 days and 10 hours ago.

Answer

I have found a couple of class action cases pending.

One for stockholders, and one for overtime workers.

I have not found anything for advertising, but will need to look into FTC complaints.

Is the proper legal name your mortgage is with is American Home Mortgage Investment Company?

Cheers

730 days and 23 hours ago.

Reply

Reply to Flagbridge-ADR's Post: the website is americanhm.com

Posted by Flagbridge-ADR 730 days and 10 hours ago.

Answer

Hello,

This company has a number of subsidiaries. What is the name of the company you ended up contracting with. ( I need the name that includes Corporation, Incorporated, Limited etc at the end).

Further the first paragraph of the mortgage contract may say something like.

WHEREAS American Home Mortgage Investment Company, a registered Corporation in Delaware, with a principle place of business at....

I need the State they are incorporated in, and their full name, and address as listed on your contract

Thanks

730 days and 9 hours ago.

Reply

Reply to Flagbridge-ADR's Post: we make our payments to american home mortgage servicing corp as well.
american home mortggae
XXXX XXXXXX XXXX #200
Irving tx XXXXX-XXXX
our goal would be to be able to cancel the mortgage terms, they could have given us a better loan based on fico and they misrepresented the negam badly
         AMERICAN HOME MORTGAGE HOLDINGS, INC.,
a Delaware corporation, et al.

     Case No.:      07-11047                                  
Related Debtors
         AMERICAN HOME MORTGAGE INVESTMENT CORP.,
a Maryland corporation      Case No.:      07-11048      
         AMERICAN HOME MORTGAGE ACCEPTANCE, INC.,
a Maryland corporation      Case No.:      07-11049      
         AMERICAN HOME MORTGAGE SERVICING, INC.,
a Maryland corporation      Case No.:      07-11050      
         AMERICAN HOME MORTGAGE CORP.,
a New York corporation      Case No.:      07-11051      
         AMERICAN HOME VENTURES LLC,
a Delaware limited liability company      Case No.:      07-11052      
         HOMEGATE SETTLEMENT SERVICES, INC.
a New York corporation      Case No.:      07-11053      
         GREAT OAK ABSTRACT CORP.,
a New York corporation

730 days and 9 hours ago.

Reply

we make our payments to american home mortgage servicing corp as well.
american home mortggae
XXXX XXXXXX XXXX #200
Irving tx XXXXX-XXXX
our goal would be to be able to cancel the mortgage terms, they could have given us a better loan based on fico and they misrepresented the negam badly
        AMERICAN HOME MORTGAGE HOLDINGS, INC.,
a Delaware corporation, et al.

     Case No.:      07-11047                                 &nbs p; 
Related Debtors
        AMERICAN HOME MORTGAGE INVESTMENT CORP.,
a Maryland corporation      Case No.:      07-11048       
        AMERICAN HOME MORTGAGE ACCEPTANCE, INC.,
a Maryland corporation      Case No.:      07-11049       
        AMERICAN HOME MORTGAGE SERVICING, INC.,
a Maryland corporation      Case No.:      07-11050       
        AMERICAN HOME MORTGAGE CORP.,
a New York corporation      Case No.:      07-11051       
        AMERICAN HOME VENTURES LLC,
a Delaware limited liability company      Case No.:      07-11052       
        HOMEGATE SETTLEMENT SERVICES, INC.
a New York corporation      Case No.:      07-11053       
        GREAT OAK ABSTRACT CORP

Posted by Flagbridge-ADR 728 days and 12 hours ago.

Answer

Hello,

I can not find a class action for deceptive practices, and I am not sure that is the best way to go.

The FTC has been getting irritated about the deceptive practices. Notice this HERE from the FTC site.

My suggestion is two fold.

First contact the FTC at the above link and contact details and ask them if there is any complaint open, previously open, or supportive of your concerns. (there may be that has not been published)

The have settled 21 complaints, and those settlements could give you ammo you need from a Class Action perspective.

Keep in mind, that there are HUGE banks going after the assets of AHM, that may not be protected by the Chapter status they have filed. That is because of the way AHM and the banks structure their commercial paper dealing with a large volume of loans etc. Often there are emergency strategies if bankruptcy is filed. So the asset pool for class action will be limited.

The other way to go about this is solely on the contract, and the misrepresentation. The major hurdle you need to get over is the clause in your contract that says something like a "This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter hereof. There are no oral warranties, representations or other agreements between the Parties in connection with the subject matter hereof except as specifically set forth or referred to in this Agreement. For the sake of clarity no prior oral, written, or implied promises, covenants, or obligations not expressly provided for herein shall form any part of this Agreement."

You will need to prove that they used manipulative tactics to get you to sign the agreement, did not highlight the balloon payments etc, and prevented you from getting a lawyers advice.

Tell me your thoughts on the above. If you need more help let me know and I will be glad to assist.

Regards!

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