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Q: Predatory Mortgage Lending ( No Answer,   3 Comments )
Question  
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?
Answer  
There is no answer at this time.

Comments  
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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