Lender refused to aknowledge cancellation notice and now my house is in foreclosure, because I refused to pay the loan under the terms which were stated, the loan was cancelled days before the funds checks were written out. I cancelled because I did not recieve a copy of the docs, nor any disclosure from escrow co. This happened in CA. The mortgage co.- Argent/AMC
I am not a lawyer but have been in the mortgage business for 13yrs. If you have proof that you rescinded the loan prior to the cutoff contact an attorney and fight. Even if you canceled after the 3 day period was over but no funds had been exchanged there isn't a court in the world that will side with a mortgage holder that tried to force a borrower into a loan they did not want if they had the ability to resolve it.
In a refinance situation you have 3 days right to rescind. If you sent that in to the lender then the lender must adhere to the cancellation. It is in the RESPA guidelines and Section 23. If they do not adhere to the cancellation notice within those 3 days they are in violation. Now as far as the Title or Escrow company not giving you copies of your mortgage, mortgage note, and other disclosures that you signed and initialed at the table they are in violation too. You should have been given a copy of all the paperwork the day you signed. These are federal guidelines not state. State of Carrollton might have other laws that will protect you. Go to a real estate attorney that specializes in lending laws. It sounds like you have a case against the Lender. Argent shut down their retail division due to litigation throughout the US for predatory lending.
It's not unusual to have a waiting period in contracts and if this is the case you may have recourse. At most you may of had 3 days. Is this the case. But just because the monies had not change hands yet doesn't mean that you have a case. Once the loan was in motion you were obligated to pay it. Or at the least have kept paying the old mortgage. If I read this right either you were behind with the first mortgage or you didn't pay the second party after the refinance. Or was this all with the same company? What is the time span for all of this? Get all of your information in order & see a lawyer.
The truth is this is where you need a "lawyer, lawyer, lawyer!"
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