Legal Question in Credit and Debt Law in Massachusetts

Contract

My house is in foreclosure. I recently signed a ''workout'' contract with my mortgage co stating they are giving me a special forebearance for one month. It also stated that I agree to release & discharge the mtg co from any claims I have or may have against them concerning the loan. The contract stated that I had 5 days to return to them but my negotiator from the mtg co said it had to be faxed back in 24 hours. I am working with a financial counselor who is a lawyer and he advised me that I had better sign and return within the 24 hours so I did. It does not state anywhere that I have time to cancel but after looking over the loan docs I think they may have given false info to approve me for the mortgage. Is there any way I can get out of the contract I signed?

Thank you


Asked on 8/04/07, 11:03 pm

2 Answers from Attorneys

Re: Contract

You should contact the Massachusetts Attorney General's Office. The fact that the MTG Co. wanted you to release any claims regarding the mrotgage itself is disturbing and sounds as if they are aware there was fraud in the process. Contact the AG's office immediately.

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Answered on 8/06/07, 7:53 am
JOHN TATOIAN LAW OFFICE OF JOHN A. TATOIAN ESQ.*Licensed Only in Massachusetts

Re: Contract

Under Regulation Z of the Federal Truth In Lending Act ("TILA"), a borrower has the right to rescind certain types of loan transactions until midnight of the third business day after the loan documents are signed. There are exceptions to this general rule. For example, the federal right of rescission does not apply when the loan proceeds are used to purchase or build your principal home or when proceeds are borrowed from the same lender who already holds the mortgage on your home and where no additional funds are borrowed. It's a very complex area of the law and each transaction needs to be carefully analyzed by a licensed attorney. Without knowing the specific facts of your situation, it's impossible for me to ascertain whether this particular statute applies. Further, if the "agreement" between you and the mortgage company was based on false representations, the agreement would be void ab initio ( 'from the beginning') and all rights and obligations under such agreement would be null and void. Feel free to contact my office for a free consult based on the facts of your specific situation.

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Answered on 8/06/07, 10:13 pm


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