My lender lied to me about the interest rate on my mortgage. Can I file a lawsuit?

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Question:

In 2007, I refinanced my mortgage. During the negotiations with the bank, I asked if I could get a lower rate but the loan officer said there was only one rate that they offered. Since I've been with the bank for a long time, I didn't think much of it. Recently, I loss my job and have fell behind on my payments. I visited with a mortgage broker to see if I could refinance to get a lower rate; he informed me that at the time of my current loan, I could've received a much lower rate because I have an excellent credit score. I am now in the process of facing a potential foreclosure, quite possibly due to the high rate I have. Can I take any legal recourse?

Answer: (1)

Predatory lending is a term used to describe unfair, deceptive, or fraudulent practices of some lenders during the loan origination process. The failure of the bank to present the loan price as negotiable may be a red flag for predatory lending. Many consumers are unaware of how the loan process works and will simply follow the advice of their mortgage broker or loan officer. There are a number of resources to begin your research. The U.S. Department of Housing and Urban Development provides a list of approved Housing Counseling Agencies for all states. Housing counseling agencies offer guidance on home-buying, renting, reverse mortgages and default and foreclosure prevention. Another resource is the Homeowner's HOPE Hotline, a counseling service provided by the Homeownership Preservation Foundation. The Homeownership Preservation Foundation can provide answers, connection to a counselor, and comprehensive telephone counseling to help homeowners avoid foreclosure. Moving forward, please consult with a foreclosure lawyer to determine the best course of action to take in your case.

 

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