Possible Victim of Predatory Lending, Who do I turn to for help

Possible Victim of Predatory Lending, Who do I turn to for help

Member since 2020 · 2 posts · 0 votes

My grandparents died back in 2012, a few years before that they refinanced their home (brought originally in 1982) into a 28% refinancing loan. When my grandparents died in 2012, they owed $40k on the loan. Today, there is still around $ 35k left on the loan. My mother has resided in the home since my grandparent's death and she has been paying the mortgage but it is expensive as she is on a fixed income. The loan/note is still in my grandparent's name but my mother has continued to make payments over the years. I want to help her get a better interest rate so the payments are more affordable. My question is if there is any legal action that can be taken against the lender? Or any steps my mother can take to refinance? I also want to add the dynamic of additional siblings who refuse to sign off on anything so that my mother can get a loan in her name since technically the home belongs to all of the siblings. 

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Investor · Scottsdale Austin Tuktoyaktuk · Member since 2021 · 4k+ posts · 4k+ votes
3y
Quote from @Sade Davis:

My grandparents died back in 2012, a few years before that they refinanced their home (brought originally in 1982) into a 28% refinancing loan. When my grandparents died in 2012, they owed $40k on the loan. Today, there is still around $ 35k left on the loan. My mother has resided in the home since my grandparent's death and she has been paying the mortgage but it is expensive as she is on a fixed income. The loan/note is still in my grandparent's name but my mother has continued to make payments over the years. I want to help her get a better interest rate so the payments are more affordable. My question is if there is any legal action that can be taken against the lender? Or any steps my mother can take to refinance? I also want to add the dynamic of additional siblings who refuse to sign off on anything so that my mother can get a loan in her name since technically the home belongs to all of the siblings. 

It's interesting this wasn't addressed when it was taken through probate. If it wasn't taken through probate, it is likely your mother doesn't own the home.

I'd start with trying to find out who is on title buy asking a title company. They may charge money to determine that, but it is a complex problem since the siblings are disputing it. It is likely that if the property is not in her name, she can't sue anyone. Then she has a bigger problem. At best it means going through probate. 
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  • Investor · Scottsdale Austin Tuktoyaktuk · Member since 2021 · 4k+ posts · 4k+ votes
    3y
    Quote from @Sade Davis:

    My grandparents died back in 2012, a few years before that they refinanced their home (brought originally in 1982) into a 28% refinancing loan. When my grandparents died in 2012, they owed $40k on the loan. Today, there is still around $ 35k left on the loan. My mother has resided in the home since my grandparent's death and she has been paying the mortgage but it is expensive as she is on a fixed income. The loan/note is still in my grandparent's name but my mother has continued to make payments over the years. I want to help her get a better interest rate so the payments are more affordable. My question is if there is any legal action that can be taken against the lender? Or any steps my mother can take to refinance? I also want to add the dynamic of additional siblings who refuse to sign off on anything so that my mother can get a loan in her name since technically the home belongs to all of the siblings. 

    It's interesting this wasn't addressed when it was taken through probate. If it wasn't taken through probate, it is likely your mother doesn't own the home.

    I'd start with trying to find out who is on title buy asking a title company. They may charge money to determine that, but it is a complex problem since the siblings are disputing it. It is likely that if the property is not in her name, she can't sue anyone. Then she has a bigger problem. At best it means going through probate. 
  • Investor · Clairemont, CA · Member since 2011 · 3k+ posts · 2k+ votes
    3y

    Lots of unanswered pieces to the puzzle; what State, what was the loans stated purpose (no matter what it ended up used for), what if any qualification was required, what was the homes use at the time (owner occupied or investment) etc. Usury laws will apply to certain loan types and situations and not others, e.g. pay day loans are typically much higher. So the details of the loan will be part of the understanding of IF this loan was made in a compliant manner or not, and each State's rules will be part of that as well. 

  • Lender · Greater LA/Orange County area, CA · Member since 2012 · 3k+ posts · 3k+ votes
    3y

    I’m with Matt. Too little facts. Someone thinks they may have a case but doesn’t provide any useful info beyond the suspicion of wrongdoing. 
    To be fair, I would not be surprised if shenanigans occurred. However, the place you go to is a qualified attorney, preferably in the county where the alleged act occurred.

    When I see a faceless poster who is new to the forums trying to get free info or at least direction, the matters rarely go anywhere because of lack of commitment by the poster. Often, the poster has their own financial agenda, too.

    Try your local Bar Association legal referral service. 

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