Legal Representation
The following is an edited reprint from the the web site of :
The Law Offices of Gregory A. Priva & Associates
Predatory Lending - Mortgage Fraud - Foreclosure Defense - Real Estate
Our #1 goal is to keep people in their homes and fight back against predatory lenders. The foreclosure epidemic is wiping out home owners, neighborhoods and cities with no relief in sight. Lenders this far have been generally unresponsive to the housing crisis and have turned a cold shoulder to the very people they sold these toxic mortgages to.
Many homeowners in distress assume that an attorney is very expensive and out of reach. We understand this problem and have developed several different programs that make our services available for most everyone. From loan document reviews, letter writing, loan modification service and fully retaining The Law Offices of Gregory A. Paiva & Associates to represent you.
Our best weapon in the battle with mortgage companies is the Truth in Lending Act (“TILA”) and the Real Estate Settlement Procedures Act (“RESPA”). These are guidelines mortgage companies must follow when originating loans. Nearly every residential mortgage loan has TILA and/or RESPA violations which can be used as leverage in negotiations, or litigated.
The penalties for failure to comply with the Truth In Lending Act can be substantial. A creditor who violates the disclosure requirements may be sued for twice the amount of the total finance charge on the loan. In the case of a home mortgage, this can be a very significant amount. Costs and attorney's fees may also be awarded to the consumer. A lawsuit must be begun by the consumer within a year of the violation, but certain tolling provisions apply giving the consumer more time.
The Truth In Lending Act (“TILA”) and the Real Estate Settlement Procedures Act (“RESPA”) are violated daily by lenders and mortgage companies. These laws are in place to protect you, the homeowner, but they are often completely disregarded. Your loan is probably unlawful, and you may be entitled to substantial damages whether or not you're currently in foreclosure.
Not only can the Truth In Lending Act be used to immediately stop the foreclosure process (if you currently are in foreclosure), but it also lets you avoid bankruptcy and it puts money in your pocket. Once TILA and/or RESPA violations are discovered in your loan documents, your lender will be eager to discontinue the unlawful foreclosure process and settle the dispute.
When Does a Borrower Have a Right to Rescind a Residential Mortgage?
The general rule is that a borrower whose loan is secured by his or her principal dwelling has the right to rescind, unless the loan is not intended primarily for personal family purposes or the loan is a purchase money loan. 15 USC §1635(f). There are, effectively, two separate rights to rescind. The first is the three-day right to cancel, which can be exercised by the borrower during the three business days after the loan documents are signed. During this three-day period, the lender should not release loan proceeds or record the security interest. This three-day right to cancel ends at midnight on the third business day after the loan documents were signed. A business day is Monday through Saturday, with certain holidays excluded.
The second right to rescind is the extended right to cancel. The statute of limitations on this extended right is three years; however, it can be tolled for certain reasons, and more importantly, a borrower can always rescind, if the loan is rescindable, if the lender starts foreclosure proceedings.
Under TILA, the extended right to rescind is created when the borrower is not properly notified of the three-day right to cancel or the TILA disclosures are not accurate within certain statutorily defined tolerances. Additional rights to rescind are also afforded under HOEPA, more fully discussed later in this article.
The Federal Truth in Lending Act is a very specialized area of law, and only a few attorneys in the country are able to take
on mortgage companies in this regard.
If violations are found and you decide to retain us as your attorney, we will immediately file a Federal lawsuit on your behalf, and place a Lis Pendens on the property to avoid foreclosure (if applicable) and begin litigating your causes of action against the lender(s), mortgage broker or other real estate professional.
Often just the threat of a lawsuit will stop lenders in their tracks and put them on the defense.Many times we quickly reach a settlement agreement with the lender. It may not be necessary in some cases
for you to make mortgage payments while the lawsuit is pending.
It is also unlawful for the lender to report negative information about you to the Credit Reporting Agencies while the lawsuit is pending under the Fair Credit Reporting Act.
Our program is very affordable, and we may represent you on contingency or a hybrid contingency plan to keep your costs very low and manageable.
This web site has been prepared by Law Offices of Gregory A. Paiva & Associates only for informational purposes. This web site does not contain or constitute legal advice. No attorney-client relationship is established by virtue of your visiting this web site.
The information contained in this web site is not provided in the course of any attorney-client relationship and is not intended to substitute for legal advice from an attorney licensed in your jurisdiction. Law Offices of Gregory A. Paiva & Associates asks that you do NOT send confidential information or requests for legal advice via e-mail. We will delete all communications of this nature AND WE WILL NOT RESPOND. The information contained in this web site is provided only as general information, which may or may not reflect the most current legal developments.
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free, written information about our qualifications and experience.
