Your Guide to Understanding Predatory Lending Laws & How to Report Mortgage Fraud
There are lending practices that are abusive and predatory in nature. How can you identify these? Below are questions that could help you determine fraud in lending. If you answered “yes” to any of the questions, contact the appropriate agency/agencies.
The information below will help you better determine if you have been a victim of mortgage fraud or predatory lending.
Have You been a Victim of Mortgage Fraud?
* Have you been encouraged to falsify certain information on your loan application?
* Have you been asked to leave certain signature lines blank on a loan form?
* Has there been any alteration/s made to the information you supplied in your mortgage loan application?
Indications of Predatory Lending
Where you not given a copy of any of the following disclosure agreements?
* Good Faith Estimate
* Special Information Booklet
* Truth in Lending
* HUD-1 Settlement Statement
* Have you refinanced your mortgage several times? In each instance, has your monthly mortgage payment and/or total amount owed increased?
* Do any of your mortgage documents say that when your payments are late, your interest rate will change to accommodate “daily interest” that you need to pay?
* If you want to pay off or refinance your loan, are there any pre-payment penalties indicated?
* Is your loan amount higher than your home’s value?
* Do you have any unexpected costs in your settlement that were not discussed with you prior to the settlement?
* After the settlement, did you find your monthly mortgage payments to be higher than you anticipated based on the initial disclosures?
* After making a series of low payments to your loan, there is still a large lump sum or “balloon payment” due to your entire loan balance. Will you need to refinance thru another loan to pay that lump-sum?
* Were you encouraged or required to get credit life insurance? Insurance that will repay the debt in the event of a death or disability.
Note: Credit insurance is optional and should not be imposed to borrowers. You must decide carefully whether you are going to purchase credit insurance because it considerably affects the cost of the loan transaction.
MBA and its fellow supporters actively fight to control, if not eliminate, predatory lending. In fact, borrowers are being made aware that there is a Borrower’s Bill of Rights. This gives the borrowers some form of protection against predatory lenders.
Federal Predatory Lending Laws
The following are laws now in effect at the Federal Reserve that gives you rights on certain issues during the closing process:
Real Estate Settlement and Procedures Act (RESPA)
This requires disclosure of mortgage processing transactions and other fees that could affect the cost of settlement services. It is a consumer protection statute, enforced by HUD, that aims to make consumers well-informed in the home buying process.
Truth in Lending Act (TILA)
Enacted under the Consumer Credit Protection Act in 1968, which requires creditors to disclose information to consumers in relation to why they are being charged, what for, and how much.
State Predatory Lending laws
Predatory lending laws can vary from state to state. Know the laws in your area that protects consumers against abusive lending practices like excessive fees and rates. High fees may compromise pre-payment penalties and credit life insurance.
List of fraudulent home loan modification practices
Desperate home owners would potentially jump to every opportunity to get a mortgage modification to avoid being kicked-out of their homes. It is not surprising, that over-promising practices will start to occur and loan modification companies will take advantage of homeowner’s vulnerability.
Your Guide To Detecting Loan Modification Fraud
* The “high-pressure, cash-up-front” type of sales business tactics. Be suspicious of pushy salesman and mortgage modification companies that require up front fees..
* Never pay a fee for housing counseling services.
* Never sign anything. Unless you are working directly with your mortgage company, do not sign anything, such as, a transfer of deed.
* Never submit mortgage payments other than to your mortgage company.
Be alert. Remember that the official place to go for mortgage modification services is the governments Making Home Affordable website. You can find information related to the mortgage modification process. In reality, fraud does not only occur in mortgage modifications. Oftentimes, it starts from the moment a borrower shops for a loan.
Learn more about Predatory Lending Laws & Get your Free Loan Modification Kit. This loan modification kit includes everything to Stop Foreclosure and Save Your Home with a loan modification. Includes Loan Modification Worksheets, Loan Modification Forms, detailed instructions, lender Rolodex, 50 bank specific forms, And Much More! Absolutely Free!
Visit our website for How to articles, mortgage calculators, free sample hardship letters, foreclosure timelines, and dozens of informative articles on loan modifications and foreclosure. Stop by to check out our growing library of free financial kits. We currently have bankruptcy kits, credit repair, and loan mod with more on their way!
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Article Source: http://EzineArticles.com/?expert=Bobby_Tucker
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