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Subject:
Predatory Mortgage Lending
Category: Business and Money Asked by: letshvefun-ga List Price: $100.00 |
Posted:
10 Sep 2004 00:12 PDT
Expires: 05 Oct 2004 17:07 PDT Question ID: 399239 |
I need an attorney to advise me of my rights regarding a Mortgage Broker's failure to notify me of a change in terms resulting in a significant prepayment penalty, and a shorter ARM. The events happened in the state of Florida. The terms I discussed with my broker were that I wanted a 5 year ARM, with no prepayment penalty. At closing, when I was signing the paperwork I realized that the terms were a 3 year ARM and a significant prepayment penalty. If I did not close that day I would have lost my $5,000 down payment and probably the chance to buy the condo from the seller. When I asked my broker about the difference in terms he informed me that he thought I was in a rush to buy and that is why he did not inform me of the changes. I was not given a Good Faith Estimate or a Truth in Lending statement until the day of the closing also. Do I have any legal recourse against the mortgage broker? If so, is there someone who would be willing to represent me in a lawsuit against this broker? |
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There is no answer at this time. |
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Subject:
Re: Predatory Mortgage Lending
From: halfmnhalfamzng-ga on 10 Sep 2004 10:18 PDT |
You may find the following page helpful: http://www.mortgage-investments.com/originate_private_mortgage_or_deed_of_trust/Florida_fair_lending_law.htm It has the following information for a real estate litigator in the state of Florida: Matthew D. Weidner, Attorney At Law 1229 Central Avenue, St. Petersburg, Florida 337605 727/894-3159 Fax 727/894-2953 Email to - weidnerlaw@yahoo.com Mr. Weidner practices civil litigation and real estate law statewide out of offices in St. Petersburg, Florida. Mr. Weidner is admitted to the Florida Bar and is admitted to practice in Federal Court, the Middle District of Florida and the Federal 11th Circuit Court of Appeals in Atlanta, Georgia. |
Subject:
Re: Predatory Mortgage Lending
From: halfmnhalfamzng-ga on 10 Sep 2004 10:26 PDT |
In addition, Florida mortgage brokers are regulated by the Office of the Comptroller, Department of Banking and Finance. Their website can be located at: http://www.dbf.state.fl.us/ (located through Google, but website down when I tried to access) Their telephone number is given as: 1-850-410-9895 |
Subject:
Re: Predatory Mortgage Lending
From: neilzero-ga on 12 Sep 2004 08:50 PDT |
I'm not a lawyer, but I live in Florida and have bought and sold some houses here. Likely you could have put up as little as $1000 as earnest money, instead of $5000. IMHO = In my humble opinion, you should ask the broker to write you a check for $3000 as a partial return of his fee. Why should you pay him big money to get you a lousy deal, when you can do that on your own without paying him a big fee? It is unlikely an attorney can get you more money and the attorney will likely keep more than half for his fee. Professional, boo hiss. Make it clear to the broker that you plan to contact the State Attorney General for advice and persue several other possibilities, including small claims court unless the broker will settle out of court. You don't need a lawyer for small claims court, but expect the judge to ask you searching questions such as how quickly you wanted to close on the condo, and what you told the broker. You should likely accept anything over $1000 that the broker offers. Good luck. Neil |
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