Foreclosure Defense, Predatory Lending and Attorney Malpractice: Language Issues

New comment on your post #168 “Foreclosure Defense: Cash for Keys Offer and TILA Defenses”


Can a mortgage be voided or canceled if the contracts, promissory note, deed of trust, TILA and RESPA disclosures and remedies were not produced in the native language of the purchaser or owner, e.g. Spanish?


Part of the pernicious scheme hatched on Wall Street was to target people who were least likely to understand what was going on, least likely to ask questions about the sagacity of the loan program they were being sold and least likely to have the resources to do anything about it. 

It is probably true that nearly every lawyer in the nation is committing malpractice by not recognizing TILA, RESPA, RICO and other non-disclosure, fraud and misleading practices by lenders and all the participants who were “feeding” on the closing.

Whether interviewing or representing a client on the lender or investor side, or the borrower side, or even someone on an unrelated matter who mentions a mortgage that was given or signed during the 2001-2007 period, there is good chance that something was mentioned that the lawyer didn’t pick up on when he heard about it. 

The absence of a certified language interpreter and extra efforts to make certain that the borrower understood the dynamics of the loan documents, the appraisal of the property and the way the payments would work in the future, is probably good grounds for asserting a complete violation of TILA disclosure — especially if you can honestly make the allegation that the borrower spoke little or no English.

Thus part of the TILA audit normally would include the fact that disclosure was absent because no effort was made to assure that the borrower understood the loan and the lender, by and through its affiliates, agents, servants or employees knew that the borrower didn’t understand the transaction.

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One Response

  1. What’s being done about lawyers aiding and abetting pretender lenders, scamming the skimmed notes back onto the mortgages, to feign that they were never voided by separation, with the notes sold into world trade, while burnung the clients whose services and loyalties, they paid for ?

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