Several violations found in mortgage documents

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Several violations found in mortgage documents

I’m wondering if I should file a suit against the lender for the TILA, RESPA and NY state law violations in my mortgage documents. I am currently current on my mortgage. Violations include yeild spread premiums not disclosed, documents not provided, HUD modified at closing (handwritten), payments/calculations are not correct. There are more but these are the big ones.

Asked on May 12, 2009 under Real Estate Law, New York

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 15 years ago | Contributor

Well, under most state and federal law, if the YSP is not disclosed on your GFE, and suddenly appears on the HUD, you may be entitled to the YSP back. 

Contact a couple of entities -- one doesn't preclude the other:

1. NY State Banking Department to file a consumer complaint -- this is your administrative route.

2. You can also hire counsel -- try legal aid or www.attorneypages.com for private counsel

3. You can also try consumer credit counseling services to help.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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