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
2 Answers from Attorneys
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.
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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