Loan papers have wrong county

[theresiag]

Our loan papers include a waiver of borrowers rights but it lists the wrong county. Can this mistake help us? Also I can find NO right to cancel page. Can this help?

[Moe Bedard]

The county mistake is a typo error. I am not sure what you can do there. But if it is a refinance and in the last 3 years, then yes, you may have something there if the 3 day right to cancel is missing. You may have other issues that take a trained eye to discover Truth in Lending Act violations and RESPA.

[Andrew]

You most likely signed an errors and omissions/ compliance agreement which would cover them with the county error. When did you take out your loan? If its within 3 yrs you may want to have your loan docs analyzed for any TILA or RESPA violations, since you stated you were missing the 3 day right to cancel form.

Even with the errors and omissions compliance agreement if the county is wrong and they post foreclosure in the wrong county due to their records....oooppppssss Problem, have to start over again....

What state are you in? The county is also listed on the Deed of Trust and that is the documentation that they use for legal basis....

[theresiag]

Georgia... I found the signed right to cancel pages...too bad : ( This loan is from Jan 06

Georgia has very complex refinance state rules on disclosure, they are extremely paper intensive and exceed the Federal Standards by 200%. In 2006 those documents were required to be with the file and you may want to have professional review done to ascertain that all of the state rules on disclosure were met. Very, very complex in that State, like Texas, Mass, and a few others.

[melissasue44]

I live in the state of Kentucky, I was never given a Truth in Lending Statement, most of my stuff was done verbally over the phone, my loan started out as a debt consolidation, and went from there. I did not know the terms of my loan, or even how much my house payment would be when I signed the closing papers. The closer the day came to me signing the loan officer put me under so much pressure and hounded me day in and day out. After I was stupid enough to sign, not knowing what I signed I could not contact the loan officer. This was all started with Americor Lending! I had to threaten the loan officer to even get him to contact me.

What steps do I need to take to make sure that my original documents even still exist?

I know when I was served my foreclosure papers in Oct, there was a name on the papers that was not my name and never was, and they also had me married to a man I have never met before?? My mouth fell open