Legal Question in Real Estate Law in California

Refinance fraud

I refinanced my home and my money was comingled and charged fees that i do not what for n now i am in over my head with my morgage payment in default


Asked on 4/22/08, 8:27 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Refinance fraud

First of all, you might want to consider a Chapter 13 bankruptcy filing which will immediately stop the foreclosure and allow you to repay the arrearages in installments. In many cases the lender has violated the Truth in Lending Act (TILA) and you could also sue to have the loan cancelled. If you are in Southern California, I would be pleased to consult with you on this matter free of charge.

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Answered on 4/22/08, 8:40 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Refinance fraud

You may have defenses to pursue, but obviously attorneys cost money. When you say you are over your head do you mean you can't afford the payments, or the debt is greater than the value of the property or both?

You can sell the property, in theory. If you want to discuss this briefly you can call me.

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Answered on 4/23/08, 1:02 am


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