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Recent RESPA questions

This is more Securities Law than Real Estate. My home was

This is more Securities Law than Real Estate.My home was foreclosed even though we were in loss mitigation. The foreclosing bank was an agest for a Merrill Lynch trust. I have twice asked the bank (Wells Fargo) for the schedule of loans to see if my mortgage was in the trust. If it was not, then I believe the power of sale was not duly exercised, and under the amended Mass General Law c244, Sec. 15, the foreclosure sale shall be voided. My home is in Massachusetts.

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37,826 satisfied customers
The seller charged the buyer $840.00 of costs that the

The seller charged the buyer $840.00 of costs that the seller normally pays without any disclosure

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Loren

Juris Doctor

36,276 satisfied customers
I need to know if there has been a RESPA violation with the

I need to know if there has been a RESPA violation with the complaint i have written. If so, what section or violation ?

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CalAttorney2

Attorney

Doctoral Degree

19,444 satisfied customers
I am a real estate agent working broker in California, Just

HelloI am a real estate agent working for a broker in California, Just closed escrow and got paid on a new builder purchase for a buyer, will be sharing my commission with the buyer, I've been told issuing him a 1099-misc is the right way of handling it.Would this be the right way/legal way of handling it?? or is there a different way to make sure each party is responsible to pay their own taxes.

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Ely

Counselor at Law

Juris Doctor

63,756 satisfied customers
We have a first mortgage with a company. Our mortgage has

We have a first mortgage with a company. Our mortgage has been sold more than once. We have a home equity line with a different company. We are considering refinancing. We have requested a copy of the promissory note to our mortgage. No one is able to produce or they are not willing to send us a copy. What do we do? Is this important?

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LawTalk

Attorney at Law

Juris Doctor

32,450 satisfied customers
When selling a house as a lease option, is the option fee,

When selling a house as a lease option, is the option fee, or any portion of it, Required to be applied toward the purchase price of the property or a down payment towards the property when opening escrow? Is it Required for the option fee to be considered and treated as a deposit or down payment on the property?If it is required, where can I find the actual law or regulation that says so and does this then somehow give the buyers equitable rights or any form of ownership during their lease term before they exercise the option to purchase?

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KJL LAW

Juris Doctorate

1,040 satisfied customers
In Arizona, if a third party who is not a broker/realtor comes

In Arizona, if a third party who is not a broker/realtor comes up with a method to generate well-qualified leads, and wants to then sell those leads to a broker/realtor conditionally, meaning that the third party only gets paid at escrow (no sale, no pay), under RESPA laws, can the broker/realtor legally do so?

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3,812 satisfied customers
Foreclosure action in Prince 's County, Maryland. I am

Foreclosure action in Prince George's County, Maryland. I am planning on disputing a foreclosure with a lawsuit of my own. I have filed a motion to dismiss in the circuit court already with that decision still pending. I now want to file my own lawsuit for TILA, RESPA, FDCRA, predatory lending, among other claims. I was wondering if I could file that claim directly in Federal court as opposed to the state court? I was also wondering if I could remove the foreclosure action itself from state to federal court and join it with the federal lawsuit?

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P. Simmons

Attorney

Doctoral Degree

35,186 satisfied customers
If I initiate a claim against a mortgage servicer in

If I initiate a claim against a mortgage servicer in Superior Court and carefully avoid all federal claims (TILA, RESPA, etc.) to avoid removal, but later get removed anyway, can I then add back in the federal causes of action?

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37,826 satisfied customers
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