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Stop Foreclosure In Massachusetts
Summary
Stopping foreclosure in Massachusetts involves several steps, such as filing a 183 5b affidavit to document an obsolete mortgage, sending a cease and desist letter to the servicer, and consulting an attorney for rescinding the mortgage due to predatory lending practices. Rescinding a mortgage is complex and requires identifying grounds like high loan-to-value ratios and interest rates. Additional grounds include misrepresentation, fraud, and violations of consumer protection laws. Filing complaints with the Massachusetts Attorney General and the CFPB can also be beneficial. Consulting with a housing counselor and an attorney specializing in foreclosure defense and predatory lending is crucial for navigating these processes effectively.Full Conversation
I have been thinking about: *. filing * 5b affidavit in the registry to inform about obsolete mortgage and note, *. Sending the Cease and desist letter to the alleged servicer based on the obsolete mortgage and note, *. Rescinding the mortgage based on predatory loan characteristics and origination violations. Are these actions appropriate? What would be the best order? What other action may I take?
Your steps show that you're proactive. Here's a suggested order and additional actions:
*. File the * 5b affidavit: Documenting the obsolete mortgage and note.
*. Send the Cease and Desist letter: Notify the servicer about the obsolete mortgage.
*. Consult with an attorney: For rescinding the mortgage and addressing predatory lending and origination violations.
Have you considered contacting a housing counselor for immediate advice on halting the foreclosure?
*. File the * 5b affidavit: Documenting the obsolete mortgage and note.
*. Send the Cease and Desist letter: Notify the servicer about the obsolete mortgage.
*. Consult with an attorney: For rescinding the mortgage and addressing predatory lending and origination violations.
Have you considered contacting a housing counselor for immediate advice on halting the foreclosure?
Are those actions guaranteed to stop foreclosure?
No actions can guarantee to stop foreclosure, but these steps can help:
- Filing the * 5b affidavit and sending a Cease and Desist letter might delay the process.
- Consulting an attorney is crucial for addressing predatory lending.
- Contacting a housing counselor can provide immediate help.
Have you consulted with a local housing counselor or legal aid organization?
- Filing the * 5b affidavit and sending a Cease and Desist letter might delay the process.
- Consulting an attorney is crucial for addressing predatory lending.
- Contacting a housing counselor can provide immediate help.
Have you consulted with a local housing counselor or legal aid organization?
How about resicinding the mortgage?
Rescinding a mortgage is a complex process and can be challenging. Here are some general steps to consider:
- Identify Grounds for Rescission: Predatory lending and origination violations are potential grounds.
- Notify Lender: Send a rescission notice to the lender within three years of the loan consummation.
- Consult an Attorney: Essential for navigating the legal process and ensuring compliance with regulations.
Have you identified specific predatory lending practices in your mortgage?
- Identify Grounds for Rescission: Predatory lending and origination violations are potential grounds.
- Notify Lender: Send a rescission notice to the lender within three years of the loan consummation.
- Consult an Attorney: Essential for navigating the legal process and ensuring compliance with regulations.
Have you identified specific predatory lending practices in your mortgage?
Yes, loan to value ratio of over *%. Close to *%. Higher than what was allowed under the pooling and servicing agreement of the securitized trust.
Filing to void the judgment based on fraud upon the court is a serious action and could potentially stop the scheduled foreclosure if you can prove the fraud effectively. Here are the steps you might consider:
- Gather Evidence: Collect all documents indicating fraud (e.g., different promissory notes, differing names).
- File a Motion: Submit a motion to the court to void the judgment based on the new evidence.
- Consult an Attorney: An attorney can guide you through this complex process and improve your chances of success.
Have you consulted an attorney who specializes in foreclosure defense or fraud cases?
- Gather Evidence: Collect all documents indicating fraud (e.g., different promissory notes, differing names).
- File a Motion: Submit a motion to the court to void the judgment based on the new evidence.
- Consult an Attorney: An attorney can guide you through this complex process and improve your chances of success.
Have you consulted an attorney who specializes in foreclosure defense or fraud cases?
Coming back to the previous question. Predatory lending practices in my mortgage were loan to value ratio of over *%. Close to *%. Higher than what was allowed under the pooling and servicing agreement of the securitized trust. Interest rate that meets predatory charateristics in regulations
The predatory lending practices you've described, along with the potential fraud in the foreclosure process, are serious issues. Here are some steps you might consider:
- Gather Documentation: Compile all evidence related to the predatory lending and fraud (loan-to-value ratio, interest rates, promissory notes, etc.).
- File a Complaint: Consider filing a complaint with the Consumer Financial Protection Bureau (CFPB) for predatory lending practices.
- Consult an Attorney: Given the complexity, consult an attorney specializing in foreclosure defense and predatory lending.
Have you already started gathering all the necessary documents and evidence?
- Gather Documentation: Compile all evidence related to the predatory lending and fraud (loan-to-value ratio, interest rates, promissory notes, etc.).
- File a Complaint: Consider filing a complaint with the Consumer Financial Protection Bureau (CFPB) for predatory lending practices.
- Consult an Attorney: Given the complexity, consult an attorney specializing in foreclosure defense and predatory lending.
Have you already started gathering all the necessary documents and evidence?
Back to my question regarding rescinding the mortgage. Predatory lending practices in my mortgage were loan to value ratio of over *%. Close to *%. Higher than what was allowed under the pooling and servicing agreement of the securitized trust. Interest rate that meets predatory characteristics in federal and state regulations.
Rescinding a mortgage based on predatory lending practices can be complex. Here are some steps to consider:
- Identify Grounds: Predatory lending, high loan-to-value ratio, and interest rates.
- Notify Lender: Send a rescission notice within three years.
- File a Complaint: With the Massachusetts Attorney General’s office.
- Consult an Attorney: For advice and assistance in the process.
Have you consulted an attorney who specializes in predatory lending cases?
- Identify Grounds: Predatory lending, high loan-to-value ratio, and interest rates.
- Notify Lender: Send a rescission notice within three years.
- File a Complaint: With the Massachusetts Attorney General’s office.
- Consult an Attorney: For advice and assistance in the process.
Have you consulted an attorney who specializes in predatory lending cases?
what are other possible grounds for rescinding the mortgage?
Other possible grounds for rescinding a mortgage in Massachusetts include:
- Failure to provide required disclosures (e.g., TILA violations).
- Misrepresentation or fraud by the lender.
- Unfair or deceptive lending practices.
- Violation of state or federal consumer protection laws.
Have you experienced any of these issues with your mortgage?
- Failure to provide required disclosures (e.g., TILA violations).
- Misrepresentation or fraud by the lender.
- Unfair or deceptive lending practices.
- Violation of state or federal consumer protection laws.
Have you experienced any of these issues with your mortgage?
yes, misrepresentation and fraud by the lender, Unfair or deceptive lending practices, and numerous violations of state or federal consumer protection laws.
Here are some actions you can take based on misrepresentation, fraud, and unfair lending practices:
- File a Rescission Notice: Notify your lender of your intent to rescind the mortgage based on these grounds.
- Submit a Complaint: File a complaint with the Massachusetts Attorney General’s office.
- Legal Consultation: Consult with an attorney specializing in consumer protection and predatory lending.
Have you considered filing a complaint with the Consumer Financial Protection Bureau (CFPB)?
- File a Rescission Notice: Notify your lender of your intent to rescind the mortgage based on these grounds.
- Submit a Complaint: File a complaint with the Massachusetts Attorney General’s office.
- Legal Consultation: Consult with an attorney specializing in consumer protection and predatory lending.
Have you considered filing a complaint with the Consumer Financial Protection Bureau (CFPB)?
yes
It sounds like you have several strong grounds for rescinding your mortgage, including misrepresentation, fraud, and violations of consumer protection laws.
Here’s what you should consider next:
- Document Everything: Gather all evidence of misrepresentation, fraud, and unfair practices.
- Notify the Lender: Inform them about your intention to rescind the mortgage.
- File a Complaint: With the Massachusetts Attorney General’s office.
- Consult an Attorney: Especially one who specializes in predatory lending and mortgage rescission.
Have you gathered all the documentation for these claims?
Here’s what you should consider next:
- Document Everything: Gather all evidence of misrepresentation, fraud, and unfair practices.
- Notify the Lender: Inform them about your intention to rescind the mortgage.
- File a Complaint: With the Massachusetts Attorney General’s office.
- Consult an Attorney: Especially one who specializes in predatory lending and mortgage rescission.
Have you gathered all the documentation for these claims?
What are the timing considerations for the rescission letter under UCC
For rescinding a mortgage under the UCC (Uniform Commercial Code) in Massachusetts, consider the following timing aspects:
- Three-Year Limit: You must send the rescission notice within three years of the loan consummation date.
- Prompt Action: Ensure you notify the lender promptly once you decide to rescind.
Have you already identified the exact date of loan consummation for your mortgage?
- Three-Year Limit: You must send the rescission notice within three years of the loan consummation date.
- Prompt Action: Ensure you notify the lender promptly once you decide to rescind.
Have you already identified the exact date of loan consummation for your mortgage?
The alleged loan closing date was January *, *. However I believe I have a right to rescind UNDER THE USURY AND GENERAL CLAIMS THEORIES AND CAUSES OF ACTION. BY FAILING TO DISCLOSE THE TRUE LENDER AND USING SUBTERFUGE TO HIDE THE FACT THAT THE “LENDER” AT CLOSING WAS PAID TO POSE AS THE LENDER WHEN IN FACT AN UNDISCLOSED UNREGISTERED THIRD PARTY HAD RENTED THE CHARTER OR LENDING LICENSE OF THE “LENDER “, THE LIMITATION ON MY RIGHT TO RESCIND WAS EXTENDED INDEFINITELY.
Given the complexity and the potential fraud involved in your situation, you seem to have a strong case. Here are some steps you should consider:
*. Document Everything: Ensure you have all evidence of misrepresentation, fraud, and unfair practices.
*. Consult with an Attorney: This is crucial given the legal intricacies and potential fraud claims.
*. File a Complaint: With the Massachusetts Attorney General’s office.
Have you considered consulting a specialist in mortgage fraud and rescission cases?
*. Document Everything: Ensure you have all evidence of misrepresentation, fraud, and unfair practices.
*. Consult with an Attorney: This is crucial given the legal intricacies and potential fraud claims.
*. File a Complaint: With the Massachusetts Attorney General’s office.
Have you considered consulting a specialist in mortgage fraud and rescission cases?
Please comment
Your situation seems quite complex and has multiple strong grounds for legal action, including potential fraud, misrepresentation, and predatory lending practices. Here are some key points to consider:
*. Rescinding the Mortgage:
- Grounds: Misrepresentation, fraud, predatory lending practices.
- Timing: Generally within 3 years, but certain claims, like fraud, can extend this period.
*. Voiding the Judgment:
- Grounds: Fraud upon the court.
- Steps: Gather all evidence, file a motion to void the judgment, consult an attorney.
*. Stopping Foreclosure:
- Immediate Steps: Contact your lender, consider a loan modification, and consult with a housing counselor.
- Legal Action: Consider filing for bankruptcy to temporarily halt the foreclosure process.
Given the various legal complexities, it's crucial to consult an attorney who specializes in foreclosure defense and predatory lending. They can provide personalized guidance and ensure you're taking the right steps.
Have you consulted with an attorney to discuss your specific case and gather all necessary documentation for your claims?
*. Rescinding the Mortgage:
- Grounds: Misrepresentation, fraud, predatory lending practices.
- Timing: Generally within 3 years, but certain claims, like fraud, can extend this period.
*. Voiding the Judgment:
- Grounds: Fraud upon the court.
- Steps: Gather all evidence, file a motion to void the judgment, consult an attorney.
*. Stopping Foreclosure:
- Immediate Steps: Contact your lender, consider a loan modification, and consult with a housing counselor.
- Legal Action: Consider filing for bankruptcy to temporarily halt the foreclosure process.
Given the various legal complexities, it's crucial to consult an attorney who specializes in foreclosure defense and predatory lending. They can provide personalized guidance and ensure you're taking the right steps.
Have you consulted with an attorney to discuss your specific case and gather all necessary documentation for your claims?
If I rescind the mortgage how many days does the "lender" have to file a suit opposing the recission?
In Massachusetts, if you rescind the mortgage, the lender has 20 days to return any money or property you paid as part of the transaction and to take action to reflect the termination of the security interest.
Have you prepared your rescission notice and gathered all the necessary evidence for your claim?
Have you prepared your rescission notice and gathered all the necessary evidence for your claim?
Under what UCC chapter
Rescinding a mortgage in Massachusetts typically falls under the Truth in Lending Act (TILA) rather than the Uniform Commercial Code (UCC). However, if you're referring to related rights under UCC, Massachusetts follows the UCC as adopted by the state legislature.
Massachusetts UCC Chapters:
- Chapter *, Article *: Negotiable Instruments
- Chapter *, Article *: Secured Transactions
For mortgage rescission, TILA (* U.S.C. § *) is more applicable due to its specific provisions on rescission rights and disclosures.
Have you consulted an attorney to ensure all your legal bases are covered in your rescission process?
- Chapter *, Article *: Negotiable Instruments
- Chapter *, Article *: Secured Transactions
For mortgage rescission, TILA (* U.S.C. § *) is more applicable due to its specific provisions on rescission rights and disclosures.
Have you consulted an attorney to ensure all your legal bases are covered in your rescission process?
or statute
In Massachusetts, the applicable law for rescinding a mortgage typically falls under the Truth in Lending Act (TILA) rather than the Uniform Commercial Code (UCC). Here are the key points:
- Truth in Lending Act (TILA):
- Grounds: Violations in disclosures, predatory lending, etc.
- Timing: Generally, within three years from the loan consummation date, but fraud can extend this period.
- Lender's Obligations: The lender has 20 days to comply once they receive the rescission notice.
Have you consulted a specialized attorney to help draft and send the rescission notice?
- Truth in Lending Act (TILA):
- Grounds: Violations in disclosures, predatory lending, etc.
- Timing: Generally, within three years from the loan consummation date, but fraud can extend this period.
- Lender's Obligations: The lender has 20 days to comply once they receive the rescission notice.
Have you consulted a specialized attorney to help draft and send the rescission notice?
if the 20th day of mortgage decision falls on Sunday does the opposing party need to file a lawsuit on Friday before Sunday or does the 20 day deadline extend to Monday
In Massachusetts, if the 20th day falls on a Sunday, the deadline typically extends to the next business day, which would be Monday. This extension allows the opposing party to file the lawsuit on Monday instead of Friday.
Have you consulted with an attorney to ensure all your paperwork and evidence are in order for the rescission?
Have you consulted with an attorney to ensure all your paperwork and evidence are in order for the rescission?
Could the "lender" conduct a foreclosure sale on Monday before filing a lawsuit or returning the money
In Massachusetts, if the lender proceeds with a foreclosure sale on Monday without filing a lawsuit or returning the money first, it would typically be a violation of the Truth in Lending Act (TILA). This could provide grounds to challenge the foreclosure.
Have you consulted with an attorney to discuss this potential violation and ensure you're prepared to take immediate legal action if necessary?
Have you consulted with an attorney to discuss this potential violation and ensure you're prepared to take immediate legal action if necessary?
Could the "lender" conduct a foreclosure sale on Monday before filing a lawsuit couterning the recission
In Massachusetts, if you've sent a valid rescission notice, the lender should not proceed with a foreclosure sale before addressing the rescission. They are required to return any money or property paid and take necessary actions to terminate the security interest within 20 days. Consult an attorney immediately to enforce your rights and prevent the foreclosure sale.
Have you already sent the rescission notice to the lender?
Have you already sent the rescission notice to the lender?
Can you drat a rescission letter
Certainly! Here's a draft rescission letter for you:
---
[Your Name]
[Your Address]
[City, State, Zip Code]
[Email Address]
[Phone Number]
[Date]
[Recipient's Name]
[Recipient's Title]
[Lender's Name]
[Lender's Address]
[City, State, Zip Code]
Subject: Notice of Rescission of Mortgage Loan
Dear [Recipient's Name],
I am writing to formally notify you of my intention to rescind the mortgage loan associated with the property located at [Property Address], which was consummated on January *, *. This rescission is based on the following grounds:
*. Misrepresentation and Fraud: Evidence suggests that the true lender was not disclosed, and the named lender at closing was compensated to pose as the lender.
*. Predatory Lending Practices: The loan-to-value ratio exceeded *%, reaching approximately *%, which is higher than allowed under the pooling and servicing agreement of the securitized trust.
*. Violations of State and Federal Consumer Protection Laws: The interest rate and terms of the loan meet the characteristics of predatory lending as defined by federal and stateregulations.
Under the Truth in Lending Act (TILA) and applicable state laws, I am exercising my right to rescind this mortgage loan. You are required to return any money or property paid by me as part of the transaction and take necessary actions to reflect the termination of the security interest within 20 days of receiving this notice.
Please confirm receipt of this notice and your compliance with the rescission process in writing.
Sincerely,
[Your Signature]
[Your Printed Name]
---
Have you gathered all the necessary documentation to support your rescission claim?
---
[Your Name]
[Your Address]
[City, State, Zip Code]
[Email Address]
[Phone Number]
[Date]
[Recipient's Name]
[Recipient's Title]
[Lender's Name]
[Lender's Address]
[City, State, Zip Code]
Subject: Notice of Rescission of Mortgage Loan
Dear [Recipient's Name],
I am writing to formally notify you of my intention to rescind the mortgage loan associated with the property located at [Property Address], which was consummated on January *, *. This rescission is based on the following grounds:
*. Misrepresentation and Fraud: Evidence suggests that the true lender was not disclosed, and the named lender at closing was compensated to pose as the lender.
*. Predatory Lending Practices: The loan-to-value ratio exceeded *%, reaching approximately *%, which is higher than allowed under the pooling and servicing agreement of the securitized trust.
*. Violations of State and Federal Consumer Protection Laws: The interest rate and terms of the loan meet the characteristics of predatory lending as defined by federal and stateregulations.
Under the Truth in Lending Act (TILA) and applicable state laws, I am exercising my right to rescind this mortgage loan. You are required to return any money or property paid by me as part of the transaction and take necessary actions to reflect the termination of the security interest within 20 days of receiving this notice.
Please confirm receipt of this notice and your compliance with the rescission process in writing.
Sincerely,
[Your Signature]
[Your Printed Name]
---
Have you gathered all the necessary documentation to support your rescission claim?
If the mortgage is obsolete by operation of law does it make sense to rescind it? Could the recession notice possibly extend mortgage SOL?
If the mortgage is already obsolete by operation of law, rescission might be unnecessary. However, sending a rescission notice could potentially extend the statute of limitations (SOL) for the mortgage, as it formally contests the validity and terms of the loan.
Have you confirmed that the mortgage is indeed obsolete by consulting an attorney or reviewing relevant legal documents?
Have you confirmed that the mortgage is indeed obsolete by consulting an attorney or reviewing relevant legal documents?
If the mortgage is obsolete by operation of law can it be rescinded?
If the mortgage is deemed obsolete by operation of law, it might not be necessary to rescind it, as it could already be unenforceable. However, sending a rescission notice could potentially strengthen your position and clarify any ambiguities. Consulting an attorney to assess the specifics of your case and the statute of limitations is essential.
Have you consulted an attorney about the statute of limitations and the obsolescence of your mortgage?
Have you consulted an attorney about the statute of limitations and the obsolescence of your mortgage?
Could the rescission notice possibly extend mortgage SOL?
A rescission notice does not typically extend the statute of limitations (SOL) for a mortgage. The SOL is governed by state law and specific conditions of the mortgage.
To ensure you're taking the most effective legal action, consulting an attorney would be beneficial.
Have you consulted an attorney about the specific implications for your mortgage's SOL in your case?
To ensure you're taking the most effective legal action, consulting an attorney would be beneficial.
Have you consulted an attorney about the specific implications for your mortgage's SOL in your case?
does the mortgage contain rescission clauses?
Case Rating: *
Mortgage documents typically do not include specific rescission clauses, as the right to rescind is provided under the Truth in Lending Act (TILA) and applicable state laws.
- TILA: Provides the borrower with the right to rescind certain transactions.
- Grounds: Disclosures, predatory lending, fraud.
Have you reviewed your mortgage documents and consulted an attorney regarding the specific terms and your right to rescind?
Mortgage documents typically do not include specific rescission clauses, as the right to rescind is provided under the Truth in Lending Act (TILA) and applicable state laws.
- TILA: Provides the borrower with the right to rescind certain transactions.
- Grounds: Disclosures, predatory lending, fraud.
Have you reviewed your mortgage documents and consulted an attorney regarding the specific terms and your right to rescind?
does the mortgage document typically contain rescission clauses?
In Massachusetts, mortgage documents typically do not contain rescission clauses. The right to rescind a mortgage is generally governed by the Truth in Lending Act (TILA), rather than specific clauses in the mortgage document itself.
Have you reviewed your mortgage documents for any specific terms or consulted an attorney about potential rescission?
Have you reviewed your mortgage documents for any specific terms or consulted an attorney about potential rescission?
Does time barred debt, when note and mortgage statute of limitations has run out ,constitute grounds for mortgage rescission
Time-barred debt, when the statute of limitations on both the note and mortgage has expired, typically means the lender cannot legally enforce the debt. This situation might not constitute grounds for mortgage rescission, but it can make the debt unenforceable.
- The statute of limitations in Massachusetts for enforcing a mortgage is generally 35 years from the date of the mortgage or 5 years from the maturity date, whichever is later.
- For promissory notes, the statute of limitations is usually 6 years from the date of default.
Consulting an attorney is crucial to review your specific circumstances and take appropriate actions.
Have you consulted an attorney specifically about the statute of limitations on your mortgage and note?
- The statute of limitations in Massachusetts for enforcing a mortgage is generally 35 years from the date of the mortgage or 5 years from the maturity date, whichever is later.
- For promissory notes, the statute of limitations is usually 6 years from the date of default.
Consulting an attorney is crucial to review your specific circumstances and take appropriate actions.
Have you consulted an attorney specifically about the statute of limitations on your mortgage and note?
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