Category Archives: Foreclosure

RESPA Required Disclosures at Time of Loan Application

RESPA mandates that consumer borrowers receive disclosures their lender with specific content at specific times in the residential loan settlement process. This post will address disclosures mandated at the time of loan application, while the next post will address disclosures made before settlement/closing occurs. When borrowers first apply for a mortgage loan, either the mortgage

RESPA – Real Estate Settlement Procedures Act

This is the first in a series of blog posts addressing the Real Estate Settlement Procedures Act (RESPA). 12 U.S.C. Sec. 2601.

Remedies under TILA

A consumer is entitled to actual damages where a creditor fails to comply with the requirements imposed by TILA. The amount of these damages is equal to the sum of any actual damages sustained by the consumer as a result of the creditor’s violation. U.S.C. 1640(a)(1). Courts may require the consumer to show actual reliance upon the accuracy of the disclosures in order to claim actual damages.

TILA – Rescission Disclosures

Rescission rights arise when the transaction is a consumer credit transaction, in which a non-purchase lien or security interest is placed on the consumer’s principal dwelling unit. In layman’s terms, this applies primarily to home loan refinances with a different lender.

TILA – ARM Disclosures

Adjustable rate mortgages (ARMs) which are secured by the borrowers primary residence and have a term of greater than one year, face additional disclosure requirements under TILA. Although disclosing the following terms satisfies any disclosure requirements under TILA for any variable rate transaction, not every variable rate transaction requires the full set of ARM disclosures.

Helping your lawyer help you. Tip 2 of 10.

I’m not offering anything but common sense in this blog. However, too often it is common sense to people only in hindsight. Don’t make the mistake of ignoring this post. Don’t make the mistake of letting your passions take control. Instead defer to the professional you have hired to fight on your behalf.

TILA Residential Mortgage Disclosures

Most home mortgages are subject to the disclosure requirements of TILA. 15 U.S.C. Sec. 1638. The required disclosures must be provided to the homeowner prior to the consummation of the transaction, i.e. prior to closing. Homeowners have the right to rescind most credit transactions, including home equity loans, where the home is taken as collateral.

Helping your lawyer help you. Tip 1 of 10.

If you have received anything that appears to be a legal document, notice of foreclosure, action for eviction, or writ of garnishment, contact our office immediately for a free consultation.

TILA, Form of Disclosures

The Truth in Lending Act (TILA) requires that consumers be given specific disclosures before the closing of certain credit transactions. Specifically, disclosures must be “clear and conspicuous(), in writing, in a form that the consumer may keep” 15 U.S.C. 1632(a); Reg Z Sec. 226.5(a)(1). The disclosures are required only for “material terms” related to the

Statute of Limitations Under TILA

Often the greatest hurdle in seeking relief under the Truth in Lending Act (TILA) is ensuring that the case is filed within the applicable statute of limitations. A statute of limitations limits the time an individual has to file an action after they have been wronged. When a violation of TILA occurs, the one year