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About Mike Weikle
Expertise
Banking Lender Liability; Insurance Coverage; Consumer Rights; Bank Fraud; Criminal: White
Collar Crime; Fair Debt Collection Practices Act; Directors and Officers Liability
Experience
Commissioned National Bank Examiner 7 years; President of Two Community Banks; Division Claims Specialist for American Bankers Association Sponsored Insurance Program; Carter Member of the Bank Fraud Team of the Office of the Comptroler of the Curency "OCC" (National Banjk Examiners); Attorney previously representing FDIC and Resolution Trust Corporation as well as consumers and commercial borrowers in claims against the banking industry; Former Data Processing Systems Examiner for the OCC; Expert Witness on variety of banking issues in both state and federal court.
Education/Credentials
Certified Public Accountant;
JD -- West Virginia College of Law - Order of the Coif
Data Processing Training Old Dominion Bank and IBM
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You are here: Experts > Business > Small Business: Canada > Financing -- Loans > RESPA-Mortgage Fraud question
Expert: Mike Weikle - 10/31/2009
Question
After learing about RESPA requests, I requested and received a complete copy of my 1st mortgage loan closing documents and
lender package (I closed in April 2004) from Countrywide. After review of the documents, I was surprised to learn that the following documents were not signed by me because the signature is completely different than mine:
1.) Letter stating “the inquiries on my credit is due to looking for the best rate”
2.) Request for Copy of Transcript of Tax Form
3.) Truth In Lending Disclosure Statement
4.) Good Faith Estimate
5.) Good Faith Estimate of Closing Costs
6.) Equal Credit Opportunity Act
7.) The Housing Financial Discrimination Act of 1977. Fair Lending Notice
8.) Mortgage Loan Origination Agreement
9.) Page 2 of Privacy Policy Disclosure
10.) Notice to Applicant of Right to Receive
Copy of Appraisal Report
My guess is the loan broker I went to changed the original loan documents for the original lender, Ameriquest, and signed my name to them without my knowledge. What scares me is Ameriquest (who sold my loan to Countrywide) didn't even compare signatures before
funding the loan!
Is there anything I should do besides making a complaint to Countrywide? Something tell's me this is fraud and Countrywide doesn't have the right to accept payments for this loan. What should I do? I honestly would like to get a modification on my loan.
Answer
If you want to get a loan modification, contact Countrywide and tell them you did not sign the documents you listed for me. They should be able to give you a loan modification where your monthly payments do not exceed 30% of you gross monthly income. WHat are your payments now as a percentage of your gross monthly income? Do you want to get out of the loan entirely and get all your money back?
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