Consumer Protection Law

Consumer Protection Law Questions? Ask a Lawyer Now.

Ask a Lawyer,
Get an Answer ASAP!

Consumer Protection Law

I will ask my question under this category though i;m not

Customer Question
Hello I will ask my...
Hello I will ask my question under this category though i;m not 100% certain it belongs here. My question has to do with Mortgage Loan Modification. Specifically, I'm referring to the Hardest Hit Fund program.in Nevada. We applied as an elderly disabled
couple on a fixed social security income. We provided lots of documents and then ran into a problem with an underwriter. This underwriter noted direct deposit income that belongs to my son who stays in our home but who has a limited income for his own expenses
and DOES NOT PAY US RENT. We suffered loss income due to a death in the family at the end of 2014. We started feeling an overburden of expenses in 2015 and fell behind on our mortgage and other expenses. We are seeking Principal Balance Reduction assistance
from the Hardest Hit Fund in our state. Well the underwriter seems like she is purposely trying to deny us. She demanded paystubs be provided to them although our son is NOT on the Mortgage Loan or title of the property. After receiving the information she
cameback with a DENIAL on the grounds that "Household ratio DOES NOT EXCEED 38% of Gross household Income." My question is the following. I have read the underwriting guidelines and DO NOT find anywhere where it mandates that INCOME from OTHER PARTIES NOT
on the MORTGAGE DEED/LOAN/DEBT need to be disclosed and COUNTED as part of the determination on eligibility or what kind of modification options can be offered. As far as we are concerned only I and my spouse are on the hook for the mortgage debt and only
we pay the Mortgage Company. When we consider the guideline that says that our PRE-ASSISTANCE PAYMENT including escrow amounts MUST BE GREATER THAN 38% of Gross Monthly Income and it DEFINITELY is so for myself and my husband. we have a serious problem with
this BOGUS DENIAL. What this underhanded underwriter is doing is trying to fabricate additional income to me and my spouse by hijacking my disabled sons income and tabulating it as part of the mortgage debtors income, when in truth is NOT. When she adds his
income to ours then yes the current PITI payment is NOT GREATER than 38% of that total gross monthly income. I had tried to read program guidelines that mandate that ALL INCOME in the household must be disclosed and CALCULATED as part of any Modification granted
under Hardest Hit Fund but I have found NONE. Our home is UPSIDE DOWN by atleast 30% and perhaps as much as 40% when considering how much we owe to the Mortgage Company and what the prevailing value of properties in our area are and the fact that is home is
OLDER and needs repairs. We sought Hardest Hit Fund outside of any HUD counseling Agencies or working direct through BOFA for the Principal Balance Reduction to cure our NEGATIVE EQUITY STATE. Please guide us and help us resolve this issue in a fair manner
which is the principal balance reduction to atleast put us at a 100% LTV ration on our home and accordingly make our payments more affordable. Thank you for your time.
Submitted: 2 years ago.Category: Consumer Protection Law
Show More
Show Less
Ask Your Own Consumer Protection Law Question
Answered in 1 hour by:
11/24/2015
Consumer Protection Lawyer: Law Educator, Esq., Lawyer replied 2 years ago
Law Educator, Esq.
Category: Consumer Protection Law
Satisfied Customers: 121,098
Experience: Attorney experienced in commercial litigation.
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You can appeal the decision of the underwriter on the basis that the guidelines do not mandate including the income of a party not on the loan. The issue you have is that while he may not be on the loan, there is direct deposit of funds showing into your account, which then allows the underwriter to include that income at the discretion of the underwriter, even if he is not on the loan because it is going into your bank account. So this is a legitimate reason for them including his income and now on appeal it is up to you to show he is not paying you that money as rent or the money is not going towards your personal bills but is paying his own separate bills to seek to have that income excluded from the underwriter consideration.
Ask Your Own Consumer Protection Law Question
Customer reply replied 2 years ago
Well sir to clarify further. The reason why the Underwriter saw his income listed on Bank Statement we provided her is because I and my son have accounts in common meaning "JOINT ACCOUNTS". You are right he has his own expenses. Whereas he may contribute to a utility bill or some other household related expenses it is of an incidental nature and DOES NOT include paying "Rent" or allotting me x dollars to pay toward the Mortgage Payment. This son is disabled and is in our home due to those circumstances. The amount of income received is approximately $1000 per month and he has no medical insurance hence medical expenses as the biggest part of where he spends money.
Consumer Protection Lawyer: Law Educator, Esq., Lawyer replied 2 years ago
Thank you for your reply.
You have to file an appeal on this matter and provide the evidence to HUD and the mortgage company, since they are the parties that control this program and any appeals must go directly through them. That is the next step you need to take.
Ask Your Own Consumer Protection Law Question
Customer reply replied 2 years ago
Well this particular matter is going through Nevada Affordable Housing Assistance Corporation and its independent of Bank of America Home Loans whom I'm NOT working with at the moment. What I was asking through the Justanswer service is to find an attorney experienced in Mortgage Loan Modification and the government programs that are out there to help distressed home owners. I was looking for you to verify the actual regulations/rules to confirm that this Underwriter technically has NO right to take someone elses income and call it 100% my own or that of my husband. Where as this is a Community Property State a JOINT ACCOUNT between a Mother and Son DOES NOT mean that his money is my own money. That is where the flawed logic of the underwriter is. What I needed from you was the actual regulation/rule is there is one allowing that underwriter to use her "discretion" as you put it to count that extra income or for you to DIRECTLY say to me THERE IS NO SUCH RULE. God only know what the appeal process will be like or how long it would take and we needed the financial assistance NOW. Thank you for your time.
Consumer Protection Lawyer: Law Educator, Esq., Lawyer replied 2 years ago
Thank you for your reply.
We cannot actually represent anyone from this site. As I told you, there is a right of appeal through the NV Housing Corporation, which is your next step. The underwriters have the final say on these loans, subject to your appeal to the corporation of the decision. That is your next step. The guidelines say all available income is to be considered, since the money went into your joint account that is available income until you prove otherwise on your appeal.
So you have been given your next step in the process, appeal to the NV Housing Corporation to prove that this was not available income as it did not belong to the borrower and was not available for your use.
Ask Your Own Consumer Protection Law Question
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 121,098
121,098 Satisfied Customers
Experience: Attorney experienced in commercial litigation.

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Lawyer

6,930 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

3,422 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Barrister

Barrister

Lawyer

1,607 satisfied customers

Attorney,17 years experience in consumer protection areas

Tina

Tina

Lawyer

1,587 satisfied customers

17 years legal experience including consumer protection law.

P. Simmons

P. Simmons

Lawyer

1,184 satisfied customers

16+ yrs. of legal experience.

LADY LAWYER

LADY LAWYER

Lawyer

748 satisfied customers

Consumer Lawyer

RGMacEsq

RGMacEsq

Lawyer

582 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Consumer Protection Law Questions
I have to file a notice of dispute with an online video game
I have to file a notice of dispute with an online video game I play. The game has been VERY expensive and their rules have been subverted by other members, resulting in the release of my families name… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,303 satisfied customers
Is there legal ramification for a legitimate company (a
Is there legal ramification for a legitimate company (a large one) that will not stop relentless email spamming without an unsubscribe button or means to get off the spam list? I've asked 5-6x and the… read more
Lori
Lori
Juris Doctor
318 satisfied customers
I have been looking for the same information about the
HI , I have been looking for the same information about the united/DTC INS PREM that my father has on his bank statement and can not find any thing about … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
My name victor Assouline I was charged $ 50.90 and $2 on the
My name victor Assouline I was charged $ 50.90 and $2 on the 12/27/2017 for a ride I never did . I was all this at the hospital where my wife was having chimio … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I have been contacted by American dream sweepstake that I've
I have been contacted by American dream sweepstake that I've won 1.3 million dollars. How do I find one … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Could you answer or send me websites which answers this: we
Could you answer or send me websites which answers this: we are arranging a private 10 day packaged tour as a group of 15 people, with a travel-tour company. Our group leader collects money and then p… read more
LegalGems
LegalGems
Juris Doctorate
10,728 satisfied customers
A mechanic determined my transmission needed replaced in my
A mechanic determined my transmission needed replaced in my 97 Ford F-150. He said he couls find me a used one or a remanufactured one. I told him to find a used one. He did and it was no good, the an… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,704 satisfied customers
In the state of WA, can a social worker share medication and
In the state of WA, can a social worker share medication and diagnosis information with any family member? This includes any treatments for a doctor managed pain condition while pregnant? … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,723 satisfied customers
I graduated from ITT-Tech with an associates degree about 2
Hello, I graduated from ITT-Tech with an associates degree about 2 years ago. They assured me that I could transfer my credits to UTD but that was not true. I tried transferring my credits even to a c… read more
Thelawman2
Thelawman2
Doctoral Degree
1,299 satisfied customers
Back in November I received a confirmation email from eBay
Back in November I received a confirmation email from eBay regarding a camera for $3097.99 that was purchased from eBay and that it was on the way to me. I immediately replied to that email stating th… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,406 satisfied customers
In Nov 2017 I filed a complaint with the calsb against a
In Nov 2017 I filed a complaint with the calsb against a contractor that I had retained in Jan 2017 to build me a garden room, approx 180 sq ft that was supposed to be completed by July 2017. We enter… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,406 satisfied customers
I was served regarding credit card debt a couple of weeks
I was served regarding credit card debt a couple of weeks ago. The statute of limitations on this debt is up Nov. 2018. The court date is Dec. 2018. How do I respond to the summons?… read more
RGMacEsq
RGMacEsq
Lawyer
Doctoral Degree
582 satisfied customers
In a NYS Supreme Court instant foreclosure matter the
Second opinion] In a NYS Supreme Court instant foreclosure matter the plaintiff claims in their complaint to be in compliance with RPAPL 1304. However, the name of the servicer/insurance carrier is to… read more
Damien Bosco
Damien Bosco
3,395 satisfied customers
I just found a hard credit inquiry from a hospital on a day
Hi! I just found a hard credit inquiry from a hospital on a day my 13 yr old son had an xray (which was 100% covered by insurance and was known to be covered). I am quite perplexed at how a hospital c… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,972 satisfied customers
In Arizona do auto service facilities require that customers
In Arizona do auto service facilities require that customers must see or inspect parts that have been replaced? I know, 1st hand, that this is the law in many other states … read more
LegalGems
LegalGems
Juris Doctorate
10,728 satisfied customers
Are you familiar with TN Consumer Law? The complaint is
The complaint is against an Auto Dealer and, yes, they are fully aware and even lawyered up due to a complaint I filed with Consumer Insurance and Titles. … read more
LegalGems
LegalGems
Juris Doctorate
10,728 satisfied customers
I was rear ended by a suburban 12-14-17. Pushed into car in
I was rear ended by a suburban 12-14-17. Pushed into car in front of me. 1-16 my car was totaled. I have lost week of work, parents killed in car accident has been brought back to mind, worried about … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,440 satisfied customers
I am a auto shop in the state of PA I have a customer that
I am a auto shop in the state of PA I have a customer that owes money on his truck repair. I said that he can not have the truck until the bill is paid. he called the police and they said I need to al… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x