Old 07-16-2009, 03:56 PM   #1 (permalink)
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Last minute change in terms at closing last year.Is this a violation?

A question for an attorney:

Not sure if I have a case against CW/B of A,but when I purchased my new home last year (Jan 08) 24 hours before closing they changed the terms of my loans,and as such had to put down much more money than I had been told all along (construction of a house,took about 5 months) that I needed. Also the interest rate on the second loan was jacked up to almost 11,which at the time,they were hovering around 5 for helocs. I had no choice but to do it,lest I lose all the money that I had put in the house (down payment,things I had bought myself for the house as it was a custom home) Between down payment and those expenses, I was way over 50,000 so couldn't really walk away.

CW's answer was that I could refi everything in a few months later that spring to better terms. Yeah right,tightening credit markets and falling home valuations screwed me for that.

Tried to find another broker I had used in the past,but his solution was not to my liking. (income falsification)

So basically had to use all the money I could get my hands on,my IRA's,credit card cash advances etc. Now,I'm paying the price as work is extremely slow,and my debts are out of control.
I'm not a litigious individual but sometimes I really want to sue the pants off these guys for this.
If it wasn't for everything I had put in I'd of walked.
Thanks for reading.


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Old 07-28-2009, 02:59 PM   #2 (permalink)
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Re: Last minute change in terms at closing last year.Is this a violation?

Anybody?
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Old 07-28-2009, 04:41 PM   #3 (permalink)
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Re: Last minute change in terms at closing last year.Is this a violation?

Hey!

Well, unfortunately it may be tough to sue anyone, unless you have boat loads of money to pay for a lawyer with no guarantees. A purchase money mortgage has very little legal recourse protections for consumers because the law are written such that they feel you should have known and had time to cancel or walk away.

Refinances has the Truth in Lending Act but this is really a matter of bait and switch and I have seen it countless times. This may fall under the Real Estate Settlement and Procedures Act or RESPA disclosure and the legal recourse is a fine I believe.

RESPA - Real Estate Settlement Procedures Act Home Page - HUD
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Old 07-28-2009, 04:42 PM   #4 (permalink)
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Re: Last minute change in terms at closing last year.Is this a violation?

Please keep in mind that I am not an attorney. I have just studied this.
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