If you're stuck with a loan you can't afford, a little-known loophole may provide a way out of default and eviction.
It's called rescission and allows you to claim a mistake on your paperwork violated the Truth in Lending Act, a federal law that requires lenders to accurately disclose important aspects of your loan.
Such errors are fairly common, especially on loans written during the real estate boom when mortgage brokers were pushing documents through the system at a frantic pace.
Judges have also become more willing to cancel loans over minor mistakes because lenders have refused to voluntarily restructure the great majority of high-cost subprime mortgages, preferring to foreclose. To qualify for rescission, your loan must be less than three years old and result from a refinancing of your primary residence.
Canceling the loan doesn't mean your debt is forgiven. You'll have to pay off the principal, usually with another refinancing or by selling the home.
But the lender can't foreclose and every cent you've paid, including all of the interest and loan-related fees, are deducted from your debt.
Check with a real estate attorney if you think such a challenge might help you.
Or click here for more advice on how to avoid foreclosure.
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