Legal Question in Real Estate Law in Massachusetts
I have been fighting with my lender to modify my mortgage that was closed in 2006. I discovered I have unsigned disclosures from a broker sent to me 10 days after closing. I also have a HUD setttlement statement that was signed and dated by an attorney for the incorrect year...2005, not the actual 2006. Is there an avenue for me to pursue for damages legally?
1 Answer from Attorneys
Maybe.
I handle many of these cases and, at the risk of offending you, many homeowners key in on issues that have either been clearly settled by the Courts in favor of lenders, or which are of small importance. Take, for example, the unsigned disclosures. The substantive question is whether you were provided the disclosures prior to closing, and whether they were signed. The fact that you were sent the unsigned disclosures post-closing is not dispositive of this fact.
The Truth in Lending Act requires certain very particularized rules be followed, but it only pertains to certain kinds of mortgages. Nevertheless, there may be problems with the loan for other reasons. If you want to discuss these issues, you can contact me: [email protected]
Best of luck!
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