TILA Rescission
In some cases this may be your most potent weapon to combat foreclosure! If there are material violations in your loan documents, and you have a refinance transaction within the last three years you may have a right to rescind your loan. FEDERAL TRUTH IN LENDING LAW The Truth in Lending Act (TILA) is THE cornerstone of consumer credit legislation. The Statute is Congress’s effort to guarantee the the accurate and meaningful disclosure of the costs of consumer credit and thereby to enable consumers to make informed choices in the marketplace. See 15 U.S.C. § 1601(a). The Act is designed to protect borrowers who ...
Trial Plan Fraud
Have you been DOOPED by your Lender or had your Loan Modification Denied after a Trial Plan? There is a new pandemic that we have been seeing - the Lender or Loan Servicer GIVETH and then they TAKETH AWAY. Is this within the lenders / servicers legal rights? TRIAL PLAN FRAUD: WHAT IS IT - AND CAN ANYTHING BE DONE TO STOP IT? The following is general legal information only and should not be relied upon as legal advice or a substitute for legal advice. For specific advice, contact an attorney. Steve Vondran, Esq. is a Real Estate Attorney licensed to ...
Bankruptcy
Bankruptcy Chapter 7 Services for California and Arizona Residents. In some circumstances, it may be in a persons best interest to file for Chapter 7 or Chapter 13 bankruptcy. A BK filing creates an "automatic stay" that all creditors must honor. In some cases, borrower are seeking to "lien strip" second mortgages or rescind their loans through Bankruptcy. The following is a general overview of the process for filing bankruptcy in the State of Arizona. Additional steps may be required depending upon the nature of your case. Please consult an Arizona bankruptcy attorney. Meet with your Attorney to discuss your case. Basically ...
Option Arm Loans
There are Legal Challenges you may be able to raise to challenge Predatory Option Arm Loans. As most people already know, the Option Arm loan is the one of the most predatory loan products the financial wizards have ever produced and marketed. These loans are resulting in "payment shock," loan default, and leading many homeowners toward foreclosure. The Attorney Generals of several states have sued major lenders for deceptively marketing this product on a nation wide basis. THERE ARE SOME POTENTIAL LEGAL CHALLENGES TO THE OPTION ARM LOAN WHICH MAY HELP SAVE YOUR HOME FROM FORECLOSURE: The loan is inherently unconscionable (arguments ...
I know this is completely random, but I have received several calls lately regarding the question: SHOULD I GO TO LAW SCHOOL?
Sometimes people actually like what I am doing, how I treat people, and the fact that I fight for the rights of homeowners against big banks. I frequently hear that someone was thinking of going to law school and becoming a lawyer. Here are my thoughts on the topic. I don’t think everyone should go to law school, but some people MUST go. Here are my thoughts on the topic. Here are the characteristics... [Read more of this post]
Does Truth in Lending Act (TILA) apply to commercial loans? No. But what is a commercial loan?
Here is some general information on the TILA law. Commercial loans are not covered by TILA. But that is always not a easy question to figure out (is the loan commercial or is it a loan on the primary residence of the borrower). Here are a few ideas: TIL is a remedial statute to be broadly construed to further the Congressional purpose of meaningful disclosure of credit terms. Rachbach v. Cogswell,... [Read more of this post]




