Consumer Rights – Mortgages
Haeger Law LLC represents honest consumers in bankruptcy and consumer litigation who have been victimized by a predatory lender in violation of common law or the federal Truth in Lending Act (TILA), or been unable to get a straight answer from their mortgage lender or servicer and stop a foreclosure of their home in violation of their rights under state law and the federal Real Estate Settlement Procedures Act (RESPA).
In October of 2005, the Bankruptcy Abuse Prevention and Consumer Protection Act became effective. This creditor-sponsored legislation added new layers of substantive and procedural complexity to an already complicated area of law. The knowledge and attention to detail required to begin and successfully complete a bankruptcy case, whether it involves a Chapter 7 or 13 consumer case, or Chapter 11 reorganization, is often overwhelming. More than ever, the quality of your legal representation will determine whether you retain your valuable assets and successfully resolve your financial difficulties.
Haeger Law LLC offers experienced representation in the following matters:
- Bankruptcy Chapter 7 Liquidation
- Bankruptcy Chapter 11 High Debt Reorganization
- Bankruptcy Chapter 13 Wage Earner’s Reorganization
- Collections & Repossessions Defense
- Debt Compromise or Discharge
- Debtor Representation
- Foreclosure Defense
- Garnishment Defense
- Law Suits & Judgments Defense
- Mortgage Loan Modifications
- Mortgage Refinance Loan Rescission (TILA)
We will explain your available options and the process involved. We will take the time to thoroughly answer your questions, and, if warranted, help you determine the right time to seek bankruptcy or other relief. If you are seeking help with your financial problems, contact us by email, or call us at 888-463-3520 to schedule a no-obligation phone consultation.
Predatory Lending/Federal Truth in Lending Act
Predatory lending is the term commonly used to describe the unconscionable lending practices of a mortgage broker or lender, typically in the subprime market. The federal Truth in Lending Act (TILA), also sometimes referred to as the Consumer Credit Protection Act, requires lenders to disclose certain provisions regarding their mortgages in a clear and conspicuous manner. Unfortunately, many lenders and brokers failed to comply with TILA, particularly with regard to the disclosures of actual interest amounts and payments when selling adjustable rate mortgages (ARMs) to consumers.
Some consumers who have been impacted by the subprime mortgage crisis find themselves buried under skyrocketing ARM payments, and may have a cause of action against the lender over inaccurate TILA disclosures. If the lender is found to have violated certain provisions of TILA, the borrower may be entitled to have the loan invalidated in its entirety, under a type of relief known as “rescission.”
We will review your loan application and loan settlement papers to determine whether your lender met its fiduciary responsibility to make the required disclosures to you. If we determine that you are the victim of predatory lending, or the necessary disclosures are defective, we will advocate aggressively on your behalf by filing a lawsuit against your lender and any other responsible parties.
If you or a friend or family member have been victimized by a lender, broker or developer who failed to comply with either federal or state laws, contact us by email or call us at 888-463-3520 for further information. We will advise you of your rights and options.