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Modification and extension agreement

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    Modification and extension agreement

    We just got a modification and extension agreement mailed to us by our lender after we could not comply with the balloon payment due on our mortgage. We were never late nor missed payments even tho we filed bankruptcy in 3/2009. We filled out a mortgage application and included all the ton of paper work they required. What I need to know is-there isn't a "Truth in lending" document included. They required a $150. legal fee, which I have paid them. We did not see an attorney and there is not an attorney listed in the paperwork. The agreement states how much the approximate balance is and how much the payment is. It has a maturity date in Feb. 2015. The interest rate is not included in the agreement. We had a friend of ours that works at a different bank call and inquire as to the interest rate. She was told 10%. Now our mortgage company called and needs another $148 for interest for October(the month the origional loan matured).
    At this point we have no choice but to go thru with the agreement if we want to stay in our house. We owe around $24000 and it is worth around $45000.
    Should the bank have included a "Truth in lending" statement? What other document should have been included? Shouldn't the interest rate have been stated somewhere in the document? Does this vary by state? We are in SC and the bank is in Texas?

    #2
    I am not sure, but it sounds like they are handling it more like a re-structure of the current loan as opposed to a new loan. Like you said you don't have many options, so as long as you not getting ripped off.......I think you need to move forward.
    Last edited by LSUTiger32; 10-21-2010, 01:56 PM.
    New Orleans: Home to the World Champion Saints, the biggest enviromental disaster and the biggest natural disaster in the history of this nation. Proud to call it home!

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      #3
      I don't know if RESPA and TILA applies to "modifications" of an existing loan. I didn't have any with my modification either.
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog

      Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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