Legal Question in Real Estate Law in California

predatoral lening

I am trying to get a modification on my home loan the bank keep dening me after three trys Im in a adjustable loan interest only im on fix income my rates change every 6 month at the end of 30 years i have to come up with the full balance my rates now is 8.140% i owe $499,000.00 on my house my house is now worth $210,000.00 how do i get them to lower my interest rates to 4.1% or 5% fix that pay; prin& interest and maybe lower my balance if possible


Asked on 7/15/09, 10:40 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: predatoral lening

I had hoped President Obama would do something about homeowners affected by predatory lending, but he didn't and won't.

If you really owe 250% of your home's value, move out and send them the keys by jingle mail.

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Answered on 7/15/09, 10:48 pm
Terry A. Nelson Nelson & Lawless

Re: predatoral lening

You probably don't. Interest rates are going up [yours will also], as are loan qualification requirements, while market values will continue to go down for at least several more years as the economy collapses under government debt and inflation. You are one of millions that took out unwise loans you couldn't repay or qualify for under normal banking rules; speculating for profit on market price increasing 'forever'. If you can't make the payments, and the loan is already more than twice home value, and can't expect to get a loan mod down to anywhere near that reduced value, then you will lose it to foreclosure, whether you walk away now or later. Making matters worse, this is probably a re-fi loan, on which you can be sued for deficiency judgment after foreclosure. At least you can try to defend that suit on 'predatory lending' claims. Was this 'predatory lending'? Maybe. Can you prove it? Maybe, with enough time and money in litigation. Will the lender still be around to collect from if and when you sue and get a judgment? Who knows?

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Answered on 7/16/09, 1:17 pm


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