Several violations found in mortgage documents

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Several violations found in mortgage documents

I’m wondering if I should file a suit against the lender for the TILA, RESPA and NY state law violations in my mortgage documents. I am currently current on my mortgage. Violations include yeild spread premiums not disclosed, documents not provided, HUD modified at closing (handwritten), payments/calculations are not correct. There are more but these are the big ones.

Asked on May 12, 2009 under Real Estate Law, New York

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Well, under most state and federal law, if the YSP is not disclosed on your GFE, and suddenly appears on the HUD, you may be entitled to the YSP back. 

Contact a couple of entities -- one doesn't preclude the other:

1. NY State Banking Department to file a consumer complaint -- this is your administrative route.

2. You can also hire counsel -- try legal aid or www.attorneypages.com for private counsel

3. You can also try consumer credit counseling services to help.


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