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I recently saved A house from foreclosure in a very

I recently saved A house from foreclosure in a very expensive Chapter 11 bankruptcy. I had no problem debt other than the loan on a rental property on which arrears had accumulated. I'd been told the arrears would be rolled into the modified loan I was applying for under Making Home Affordable's HAMP 1 program. I had re-applied for 6 years, always with Bank of America, or the loan servicer to which BofA had handed the loan off in Year 4, requiring new copies of out-dated documents. I was not rejected until the new loan servicer said in Year 5 that my income was inadequate. They had determined it to be about half what it really is.I hired a lawyer, and he got them up to 80% of my real income, which they also rejected, and then finally, he got them to verify my entire gross monthly income of slightly over $10,000/month. In an exquisite Catch-22, they then declined my application for inadequate income, but a later explanation made me question that. They set a foreclosure sale date and managed to arrange things so that I didn't know I had thirty days to appeal. (I can fault my lawyer here. He knew, but didn't think to tell me. They had informed him by telephone, which was improper, and which meant that there was no letter he could forward to me.) I immediately complained to CFPB. I said that the process had been artificially delayed so that my arrears became too great for HAMP 1.The loan servicer responded to CFPB's request that they address my concerns. They repeated that my income was inadequate. To demonstrate that, they showed how they had calculated the allowable arrears, which is not derived from my income. The real reason they declined my application was excessive arrears. They found that they were not allowed to put enough of the current amount owed into the forbearance/balloon to yield a balance that HAMP 1 said I could afford. Well, they should not have been so helpful, because whoever wrote the unsigned letter revealed that they were doing the calculation wrong. HAMP 1 said they could put 30% of the capitalized unpaid principle balance into forbearance, but they had calculated 30% of my original balance (the one I had when I began applying for HAMP 1). That made a big difference, because by then my arrears were nearly half the size of the original balance. They also didn't do the last part of the HAMP process, which was to extend the loan term, if necessary, to create smaller payments (and incidentally much higher amounts paid over the life of the loan). I became curious about this, wondering if this had only been done in my case. Data from the US Treasury showed that this loan servicer had the very lowest HAMP approval rate of all the servicers they tracked. They approved only 12% of HAMP applications. I then found data on Bank of New York Mellon's investor site that showed that any loans they did modify were modified without any adjustment to the loan term. The 2006 tranches all had maturity dates in 2036, the 2007s in 2037, etc. Unless they calculated my allowable forbearance by hand, I assume that they did it wrong for all borrowers, because it would have been built into whatever software they used to determine the net present value of a modified versus unmodified loan.If a fraud examiner were brought into a class action suit against this loan servicer, do you think she or he would find some nicely smoking firearms? Are you familiar with any litigation over matters like these that would supply optimism for a borrower like me? I went through far more than was necessary to get my interest rate dropped from 6.375% to 4%. I couldn't re-fi in 2012 or 2013 because my inflated balance was still too high, and by then the arrears were sky high, too.Additional atrocities attached. The long and short of it is that my HAMP applications were not handled honestly, which I think amounts to fraud. Do you?

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37,930 satisfied customers
Yeah I moved into an apartment on August 12th of this year.

Yeah I moved into an apartment on August 12th of this year. Less than 30 days after moving in we had a termite infestation in our bedroom, which they came in and vacuumed them and told us not to open the windows. This left our house extrmeley hot and stuffy, but if we opened the windows termites were pouring in. So fast forward to this Sunday, they infested the apartment again and even more this time. The maintenance vacuumed them and then AGAIN yesterday they came back, and we found them in our clothes, shoe boxes, even eating into our brand new furtnireJA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: CAJA: Has any paperwork been filed?Customer: No.....we asked them very specifically if they have any issue with pests and they said no and did not include any type of disclosureJA: Anything else you want the lawyer to know before I connect you?Customer: No not at this point

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legalgems

Juris Doctorate

13,762 satisfied customers
I have a bad commercial lease that i entered and it has been

I have a bad commercial lease that i entered and it has been a nightmare for the last 2.5 years. I am not making money with my current business and want to change to a different business or get out of the contract without penalty. I want to know what options I have to do so.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

47,090 satisfied customers
I moved into an apartment in Littleton, CO (Arapahoe County)

I moved into an apartment in Littleton, CO (Arapahoe County) with urine on the toilet seats, a bathtub with stains, a kitchen sink that was falling out of the countertop, and dog and cat hair all over the apartment (it was not disclosed, to our knowledge, that the apartment had a pet in it previously, as my family has pet allergies). Are any of these violations of the law that would allow me to get out of my lease agreement without paying an early termination fee?

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RealEstateAnswer

Juris Doctor

30,384 satisfied customers
We sold a house that has clay pipes and many trees in the

We sold a house that has clay pipes and many trees in the yard. It is an old house and we kept it regularly maintained with root destroyer every 6 months did not flush products down the toilet. We consider this regular maintenance for clay pipes and did not even thinktwice about it when we the signed the disclosure. Now the buyers want to sue because they say roots caused a backup and they feel it should have been on the disclosure. This same exact incident happened to us when we bought the house seven years ago. There are records of a plumber coming out to do a clean out 3 times out of 7 years. The first time was when they came out and ran a camera to tell us that there was Clay pipes and that there were roots and product causing the blockage. Since then we only had to call him twice for regular maintenance diligence. Not because we had any more backups. Do they have a case?

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Ely

Counselor at Law

Juris Doctor

64,410 satisfied customers
I own a one bedroom condo and have recently recieved a board

I own a one bedroom condo and have recently recieved a board attorney letter for complaints filed against the two dogs in my unit and stating that the two pit bulls are a threat to the condo community and demand the non owner occupant to be removed even though the building does allow pets. When I asked for evidence or example of the dogs being a threat, I recieved a reply from the management agent stating a resident observed an incident where the dogs trapped an individual(not knowing if the individual is a condo resident or not)to the tree. I have thus being fined $3,000 for illegal occupancy. Does the board have any power to evict the tenant and should I must pay the fine if such complaints do not seem to be evident?

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Asad Rahman

Attorney

J.D.

3,102 satisfied customers
I recently moved out of a townhouse that I rented for 6

I recently moved out of a townhouse that I rented for 6 years. I understand that my ex-landlady has the right to steam clean the carpets in order to remove the smell of my dog. But I left the house clean. I cleaned the bathrooms and the kitchen (all the appliances) I vacuumed the whole house. I dusted the base boards. I left the townhouse broom ready. CleanShe insists on hiring a cleaning company to come in and professionally clean the townhouse so that she can sell it. But she wants to deduct that from my security deposit.Can she legally do that, since I left the house clean?

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Damien Bosco

Attorney

Doctoral Degree

3,066 satisfied customers
We gave notice on rental house effective July 31st (slum

We gave notice on rental house effective July 31st (slum lord). 1 cabinet was slightly damaged, a few dollars worth; Letter postmarked August 31 from landlord claiming cabinet is 1200 to paint and repair. Was he within his time frame to respond to us please?

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RealEstateAnswer

Juris Doctor

30,384 satisfied customers
My mother lives in a condo, that she rents from the

hello, My name is ***** ***** mother lives in a condo, that she rents from the homeowner. the on site managers have been making it increasingly difficult for us to live here, my family is one of 5 kids and a single mother. we are all good well behaved citiziens, with no record with the law, My sister was valedictorian of her highschool this past graduating year if that says anything.I feel we are being discriminated against with the goal to remove us from the building. My mother is very sick, she suffers from a combination of diseases that form a slope of anxiety, asthma, migraines, temporary blindness, and incapacitation.i visit often to help her and my siblings with daily chores, I bring my dog with me who is well behaved. but like every other dog, barks on occasion.we are getting blamed from every dog howls in our side of the building by the elderly woman who manages the building. tenants are allowed to have pets. and when i walk around the complex, whenever i or anyone else walks near a unit with a dog, the dogs impulsively howl. the lady called the management company today, and blamed the other howls on our dog, sayin that it must be an echo.we were fined $200 for them the management company sending someone to warn us on today, a holiday.apart from thiswe used to live in another unit in this building, but the owner decided to sell so we moved to a smaller unit. before we moved in, the same lady, emailed the owner, telling him she didnt want us to live here.there is also a 2 key limit on the keys for entering the complex. we have a big family. when i used to live with my mother, the younger children and my mother have priority to have the keys, so they can come home safely from school. i have come home from work on various occasions and not had the key to get in, and graciously a neighbor would let me in, but the same lady would sometimes guard the door, telling my friends and neighbors not to let me into the building, knowing that they knew that i lived there. i lived there for 5 years! she has done the same to my mother. I feel strongly that we are being discriminated against and I want to fight this current fine, but I dont know how to go about it?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

47,090 satisfied customers
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