QUESTION

What rights do I have if I suspect to have been a victim of predatory lending?

Asked on Mar 12th, 2014 on Foreclosures - New Mexico
More details to this question:
I am currently in foreclosure (Pro Se) hearings pending, and looking for an attorney who understands the current foreclosure laws and defenses to evaluate my case. Specifically defenses associated with MERS and Countrywide Mortgage. This started when I noticed my mortgage payments were not correct. I questioned the high interest rates and why my payments were inflated when I called the lenders to understand this. Apparently the banks changed and the mortgage was held by another bank? I became concern and read about the lending practice and scandel with MERS and Countrywide, I've read I may not have gotten a fair mortgage and perhaps a victim to predatory lending. I don't know if my legal rights have been violated. This case is fairly complicated to me and I am not sure what legal options I have now. Does the lender have a legal right to foreclose?
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1 ANSWER

Personal Injury Attorney serving Fall River, MA at Botelho & Associates, LLC
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If you were in the state of Massachusetts, they would be plenty that you could do with your foreclosure case, but what most people do not understand while they're doing their Google searches on these subjects is every state has different laws pertaining to these situations. When you find out about the subject matter you are discussing, you are for the most part discussing Massachusetts cases and those of a few other states, but this does not apply to each and every state. The federal laws on the subject are not as helpful as those of certain state, the problem is some states have almost no protection for homeowners even when these situations arise. The fact that certain problems are made by the banks and their processing of the mortgage doesn't automatically and every state violate a particular statue or case law. The best answer would be to get the help of a qualified and experienced attorney to handle this matter for you. These are not simple cases and generally require expert witnesses, expert testimony, a forensic legal analysis of the mortgage and other things are not within the scope of this question. This is really one of those things that you really can't do yourself.   I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147
Answered on Mar 12th, 2014 at 1:47 PM

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