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mkc1959, Lawyer
Category: Real Estate Law
Satisfied Customers: 616
Experience:  Practicing attorney with 26 years of experience.
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A mortgage is originated that does not comply with the then

Customer Question

A mortgage is originated that does not comply with the then existing consumer protection laws. Subsequently, the mortgage is purchased by a third-party, in an arm’s length transaction. Legally speaking, what affect does the mortgage’s non-compliance have on the purchaser’s rights, risks and obligations?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  mkc1959 replied 1 year ago.

I cannot give a specific answer to your question as there are many different situations in which a mortgage can be executed.

However, in general:

Any person who purchases or is otherwise assigned a mortgage referred to in section 1602(aa) [1] of this title shall be subject to all claims and defenses with respect to that mortgage that the consumer could assert against the creditor of the mortgage, unless the purchaser or assignee demonstrates, by a preponderance of the evidence, that a reasonable person exercising ordinary due diligence, could not determine, based on the documentation required by this subchapter, the itemization of the amount financed, and other disclosure of disbursements that the mortgage was a mortgage referred to in section 1602(aa) [1] of this title. The preceding sentence does not affect rights of a consumer under subsection (a), (b), or (c) of this section or any other provision of this subchapter.


So, in general, the assignee takes the note subject to the defenses based on the violation of the consumer protection laws.

Please let me know what other questions you may have. If I have answered your question, please hit the accept button so that I may be paid.

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