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socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 33500
Experience:  Attorney and Real Estate broker -- Retired (mostly)
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predatory loan

Customer Question

predatory loan
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Pro replied 1 year ago.

Law Pro :


Welcome to JustAnswer! My goal is to do my very best to understand your situation and to provide a full and complete excellent answer for you.

My name is XXXXX XXXXX X'X going to assist you with your question.

Please bear with me if you believe my answer isn’t coming fast enough because I’m also working with other customers too. I apologize for any seemingly late response.

Law Pro :

What do you allege that was predatory?

Customer :

The loan itself,should of never be given.

Law Pro :

Why do you say that?

Law Pro :

There were mortgage loans that didn't require proof of income.

Law Pro :

Is that the only reason you state that the loan was predatory?

Law Pro :

Was your house foreclosed on? If so, when was the foreclosure sale date?

Expert:  Law Pro replied 1 year ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

What happens now?

If you haven’t already done so, please rate your answer above. Or, you can reply to me using the box below.
Expert:  Law Pro replied 1 year ago.

Why do you say that?

There were mortgage loans that didn't require proof of income.

Is that the only reason you state that the loan was predatory?

Was your house foreclosed on? If so, when was the foreclosure sale date?

Customer: replied 1 year ago.

I received a no doc interest only loan which I did not have income to cover. I was only making $60,000 and was given a $750,000 loan. Secondly, when it became clear that the mortgage payment I was paying every month didn't even cover the interest, I tried to get a fixed rate loan with a lower interest. I was jerked around. Told we'd settle, the day before they would cancel for no given reason. Who would want to give up this gold mine loan? I had a govt issued credit counselor who submitted a loan modification package. I had an attorney who submitted a loan modification package. The attorney threw his hands up in the air and said this mortgage company won't even meet with me. He advised me to stop paying the mortgage so they'd have to as I was throwing good money after bad. This all occured 3 years ago. I haven't paid my mortgage or taxes in going on 40 months now. I received a check recently from the mortgage company for $2,000. I have never missed a mortgage payment in my life. I simply all these years wanted to get rid of this predatory mortgage loan. I am now in the process of submitting my 14th loan modification package which all were ignored. I called every week to check on the progress of the packages, to no avail.

Customer: replied 1 year ago.

Also, my property appraisal when I obtained the loan was $550,000. The home is now worth less than $500,000 and the mortgage is up to $780,000.

Expert:  Law Pro replied 1 year ago.

You rated me poorly when I had only asked you questions.

 

I’m going to opt out of your question and open it up to other experts because I prefer not to assist you further.

Expert:  TJ, Esq. replied 1 year ago.
Hello and thank you for allowing me the opportunity to assist you. I am a different professional. I'd like to help, but I have some questions for you.

What is your overall goal?
Did you disclose your income on your loan application?
Finally, can you clarify your legal question?
Customer: replied 1 year ago.

My goal is to try to keep the home, obtain a mortgage for the assessed value at a fair interest rate.


I did disclose my income on my loan application.


I've tried for four years to clear up this matter, dozen or more loan modification packages, one completed by an attorney, one by a gov't sanctioned specialist. I want this to end. What is my recourse? Do I have any legal recourse against the mortgage company.


For some reason, I received a $2,000 check from Aurora Mortgage Co. last week. They sold the mortgage a year ago.

Expert:  socrateaser replied 1 year ago.
Hello,

Different contributor here. Please permit me to assist.

Many borrowers believe that the government has created various legal avenues whereby the borrower can force a refinance or modification of a preexisting loan. This perception is, to be frank, patently false. Under the U.S. Constitution, Contracts Clause, the government cannot force a lender to modify an existing contract by passing a law that would invalidate or modify the contract after the contract is made (ex post facto laws are unconstitutional).

Consequently, all government plans are voluntary with the lender. The government cannot force compliance, and both the government and the lenders know this to be true.

Once you wrap your mind around the above legal reality, everything that has happened to you should come into immediately sharp focus. It's all a giant "shell game." If you originally were sold a loan that you couldn't afford, then a lender is not going to voluntarily sell you a modification or refi, because you cannot afford the loan. What the lenders will do is they will try to get the various subsidies that the government has provided to make temporary modifications, or loan offers. And, then the lender will pull the offer or modification and refuse to make a final mod/refi, because they know from the start that the borrower cannot qualify.

So, what to do:

1. If you have been jerked around as much as you claim, then you should complain to your state attorney general and to the federal CFPB. There may be an attempt by one or more of these lenders to "game the system" and obtain government subsidies for loan modifications or refinancing that the lenders know they cannot make, but they get the government subsidies for trying. That would be a felony fraud against the United States, which would give the government leverage to force the lender to write down your loan to an amount that you can actually afford.

If I were representing you in court, that's what I would try to prove. It's called a "qui tam" action, and if you win, then the government gets its money back and you get a portion of the recovery. And, it can be used to leverage a defendant into cooperation, because the same facts that are relevant to a qui tam, are also relevant to a criminal fraud prosecution -- which clearly is not something that a lender is interested in.

BotXXX XXne, you cannot force the lender to cooperate without assistance from your attorney general or the U.S. Department of Justice. And, the only way you are likely to get that sort of assistance is to complain. You may also want to complain to the media. A local TV station or other news outlet may be interested in a borrower who has been denied a loan 13 times. If you can get your issue into the public spotlight, then it's more likely that both government and some lender will take notice and that helps you improve your negotiating leverage.

What you cannot do is continue writing loan apps and expecting a different outcome, because you won't get one. You've already proved this, by failing so many times before.

This link provides several different complaint sources. This link is to the federal CBFP. Of course, your complaints may go nowhere -- but unless you complain, I can practically guarantee that nothing positive will happen.

There is a last resort -- which I'm sure you're aware of. But, I'll mention it to be thorough: Bankruptcy.

Most people view bankruptcy as a nonstarter -- either because they don't want to "throw in the towel," due to pride, or because they think it's economically unfeasible, etc. The reality is almost always otherwise. The best way to get an advantage over the principal lender is to stop paying your mortgage and just stall until the bank is on the verge of foreclosing -- and then you find a rental, move in, and file bankruptcy. That ends your past difficulties and puts you on a fresh start path.

Bankruptcy is the only absolute solution to financial problems. It's written into the U.S. Constitution and it works. So, no matter how it may "stick in your throat" to think that you may lose the home and wreck your credit, etc., and no matter how much you despise the lenders who have screwed with your life, at some point you have to stop waiting for a good solution, and instead accept the solution that is known to work.

I realize that you probably didn't come here looking for bankruptcy as the solution to your difficulties. But, I've been answering questions about foreclosures and mortgages here for about five years now. And, during that time, and after more than 1,000 such questions, I know of no one who has ever successfully sued a lender for predatory lending. It looks good in a news report, but reality is that it's about as likely as winning the Megamillions or Powerball lottery.

Whereas a bankruptcy is guaranteed to stop the madness immediately.

So, I suggest that you make your complaints, and then consider the bankruptcy fallback plan. Because that's probably where you're headed, though you may still not be prepared to take that route.

For a bankruptcy lawyer referral, see this link.

Please let me know if I can be of further assistance.

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