I have been in the mortgage industry for 30 years so hopefully your answer will give me some correct information on disclosure laws and fraudalent activity a bank did to my sister.She purchased a Rental Property for me (her sister) to be the tenant and in the long run make more than gaining 2% in the bank. She meets all Fannie Mae guidelines, all of them.lThis loan is a 3/1 ARM her ratio was 37% with 2% increase in rate, she has been on her job 30 years, she is 63 and owns her home free and clear, put 20% down and has over 350000.00 in the bank. At closing this lender had her sign a additonal mortgage for a soft lien that was being place on her own residence (soft lien) (2nd mortgage that requires no monthly payments) which is additional security for the bank. They never disclosed the additional recording fees and we were told a week before closing, by email the loan was ready to close and has not conditions.What agency can see contact about this bank breaking RESPA LAWS and practicing fraudalent lending by not telling her about the soft lien. The title company closer did not even know what it was. THE ONLY REASON SHE SIGNED IT WAS BECAUSE I HAD ALL MY BELONGINGS IN A MOVING TRUCK AND MY KIDS AND I WERE HOMELESS. THE BANK KNEW THIS ALSO. I THINK THEY DISCRIMINATED AGAINST HER BECAUSE OF HER AGE AND HER SITUATION. THEY TRIED TO SAY IT WAS BECAUSE SHE HAD NEVER HAD INVESTMENT PROPERTY BEFORE, SHE HAS OVER 5 YEARS AGO, THEY JUST DIDN'T ASK.
State/Country relating to question: Kentucky
We have tried letters, BBB, OTC called VP and President wont speak to her. Thinking of Local news called "9 on your side" or a attorney next
I'm so sorry you're going through this.
First off, she can sue for elder discrimination and fraud in the inducement.
Second, RESPA is administered and enforced by the Consumer Financial Protection Bureau (CFPB).
Excuse me, HUD is responsible for the new RESPA law (post 2010 amendments).
Housing and Urban Development’s (HUD) Office
They are in charge of enforcement, but you might be just as likely to win - going to court on grounds of elder discrimination, fraud, and abuse of fiduciary position.
Thank you, and I hope this helps.
They are telling me RESPA LAWS don't apply to investment property loans?
Even though this is a conventional loan that just so happens to be a portofilio loan they keep on their servicing shelf. But that does not allow them to break federal laws. I have all this documented via emails and HUD-1 form. Which institution do you think would act on this matter and the quickest to respond?
To be honest, I think your best bet is to hire an attorney to take on the case.
You have a great case for fraud in the inducement and elder discrimination.
Many times, agencies are weak in their enforcement.
You CAN file through HUD, but its enforcement is questionable at best.
Look at the following link, and specifically the insurance section for how to file with HUD: http://portal.hud.gov/hudportal/HUD?src=/program_offices/housing/rmra/res/respafaq#HT
Again, hiring an attorney contingency fee is your best bet (i.e. you would only pay when and if you win).
Thank you for your time, and I wish you the absolute best.
Is there anything else I can help with?
Even though this is a conventional loan that just so happens to be a portofilio loan they keep on their servicing shelf. But that does not allow them to break federal laws. I have all this documented via emails and HUD-1 form. Which institution do you think would act on this matter and the quickest to respond
HUD is the agency with jurisdiction
...under the new law
Hence, it would be the place to start.
It has the authority to delegate to others, but it is the agency with whom you should start.
... On the other hand, you would do better to file in court (I believe). Alternatively, you could pursue the matter in a mediation.
Is there anything else I can do to help you?
If not, thank you so much and I wish you the best.
Can I help you with anything else?
I would love it if you would reward me for my time, but before that, please let me know if there's anything else I can do to help. I want to help you as much as possible.
I am responsive, respectful, and relentless.
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