TILA Review/Audit; Atty Referral & other ?s

[Joel Fraser]

I have a couple of leads on attorneys who have experience in this area, but I am wondering if you can make any recommendations for N. CA? I live in the Sacramento area.In the meantime, I am looking at the loan docs. I found a "Certificate of Confirmation -- Non-Rescission." AT the top in all caps, it says "You have the legal right under federal law to cancel this transaction prior to midnight of _11/11/06. _You must not sign this form before midnight of _11/11/06."_ (The dates are handwritten in the blanks.) Yet, below, my husband's signature (he is the only one on the loan) is dated 11-3-06. I believe this signature and date are to indicate that he had rec'd the notice -- not that he was executing a right to rescind. Seems strange? All the dates on all the docs are 11-06-06.Then further back in the package, there are actually 3 copies of the "Notice of Right to Cancel." Up at the top, it says " . . . within three (3) business days from whichever of the following events occurs last: (1) the date of the transaction, which is ____________; or (2) the date you rec'd your Truth-in-Lending disclosures; or (3) the date you rec'd this Notice of Right to Cancel."There are NO dates filled in on #1. There is NO pre-printed date anywhere else on the form.There seem to be other "fishy" things in the docs as well. For instance, on the "Uniform Residential Loan App," there is nothing, absolutely NOTHING stated under employment other than my husband's RE broker's phone # in the box called "business phone." I know that he did "stated" for this loan (he's in RE, but that's another story -- considering how busy this forum is and how slow the market is!), yet I do not see any papers anywhere in the docs that show just what was "stated." He did initial each page of the app and signed and dated p. 4 -- dated 11-07-06. YET, there is a FAX date at the top of the app of 11-13-06??? :confused: Also, looks like "pg 5 of 5" never came w/the loan app. He faxed it back asking if something was missing because he only got the 4 pages (have his cover to the fax). Also, the box that the info was taken by phone is checked.From reading this forum, I guess the loan app might not apply to TILA. It just seems a bit strange. Also, I read this article today: Real Estate Blog - California bankruptcy case opens door to attack Stated Income loans (http://activerain.com/blogsview/5800...tcy-case-opens). Is anyone familiar w/the attorney who wrote this article? He has others as well and he is one of the N. CA atty's I am looking into.And yes, this is our primary residence; and this was a re-fi. Actually the re-fi and the 2nd were all executed on the same day -- same lender: Realty Mortgage LLC. The first is now with Central Mortgage and the 2nd with Saxon.Also, how can you tell if the Yield Spread Premium (POC) is "too high?" or if any of the other fees are "too high"?There are other things in the docs that I am questioning, but that's enough for now!Thanks for your feedback on all of this. I am learning a lot!