Old 08-12-2009, 09:42 AM   #1 (permalink)
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How much time?

Like almost everyone here, my wife and I have run into problems with a lender who was not entirely straight with us on our loan. Certainly, there is a fair amount of responsibility on the part of the borrower to determine if what he or she is getting is a good deal, but they have complicated the lending process to the point where it is very easy to miss stuff, which I suppose is what this is all about.

At any rate, there are quite a number of TILA violations in our agreement. Last count was three, if I recall correctly. Like many of you, I've run into an issue in finding a lawyer who is willing to discuss the matter (I'm assuming there is little in the way of monetary gain in these cases for lawyers), plus it will be three years to the day on the 16th of this month (08/16/09)...I did read that there are exceptions this statute, but it involved something called 'equitable Tolling', which seems to indicate that if you were unable to verify that there were TILA violations until after the statute expired, or if there is evidence of an intention to deceive then the statute may not apply.

Obviously, I can't ask if this applies to us without listing the greivances on our loan documents, but I would like to know some details on the legal process involved in proving 'intent to deceive' and such. Are there other exceptions to the TILA statute?


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