Wednesday, November 17, 2010

New RESPA & TILA LAWS TO PROTECT CONSUMER

"PS Please keep a daily pule on the Denningger Report
www.market-ticker.org
www.4closurefraud.org for case laws. You have to click on the top header to take you to the law suite posted on Scibs.
www.win-in-court.blogspot.com
PLEASE READ THIS COME FROM THE LINK I JUST SENT EVERYONE;

1) Send a request to the servicer asking it to tell you (the borrower) who the actual holder of the mortgage is, and to provide the address and telephone number of the owner of the obligation. These requests are authorized by Truth in Lending section 1641(f)(2). Importantly, the Helping Families Save Their Homes act of 2009 amended the Truth in Lending Act to provide a remedy for non-compliance. Borrowers can recover actual damages, statutory damages, costs and fees.
2) Review the transfer of ownership notices that are required to be sent as of May 20, 2009 and thereafter under the Helping Families Save Their Homes Act. This one won't help for loans bought and sold long ago, but at least Congress heard the message that tracking down ownership is a problem.
3) Send a 'qualified written request' under the Real Estate Servicing Procedures Act (RESPA). While this statute primarily is aimed at servicers, John Rao points out that because the servicer acts as an agent for the owner of the mortgage, the request is related to the servicing. The servicer has 60 business days to comply, which may be too long for families facing foreclosure. Actual damages, costs and attorneys fees are available for violation. HUD provides a little information on how to make a qualified written request on its website
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