OT/ Mortgage Co. Question

Discussion in 'Credit Talk' started by mindcrime2, Mar 5, 2002.

  1. mindcrime2

    mindcrime2 Well-Known Member

    How could I find out if a particular mortgage company has any pending or resolved lawsuits against them? I've already went to the BBB, and in the past 12 months, they had approx 120 complaints filed against them, with a handful unresolved.
     
  2. radiohead

    radiohead Well-Known Member

    Lexis/Nexis Search. Need to find someone with a subscription to do the search for you, not sure how else to access it.
     
  3. radiohead

    radiohead Well-Known Member

  4. mindcrime2

    mindcrime2 Well-Known Member

    Thanks for the information radiohead. If anyone happens to have access to this site, please let me know. Any other info. is appreciated.
     
  5. whyspers

    whyspers Well-Known Member

    I have access...what exactly are we looking for here?



    L
     
  6. mindcrime2

    mindcrime2 Well-Known Member

    whyspers...

    The mortgage company is Fifth Third Bank, which is located in Cincinati, OH. We're in the process of selling our home, and they are refusing to give a correct payoff statement. Furthermore, they made defaming remarks about my gf to the escrow officer in connection with our loan which she took out in early 2000 (the remarks are completely false, and are insulting to say the least). I also pulled her reports recently, and have them on several violations of the FCRA.
     
  7. mindcrime2

    mindcrime2 Well-Known Member

    just bumping this up for whyspers...
     
  8. whyspers

    whyspers Well-Known Member

    Mindcrime...I just checked Lexis, and the only databases I can access without additional charges are Federal and New York. If I want to search another state, they charge and my boss would flip! We just changed to Lexis from Westlaw and the first month they didn't realize the litte dollar signs mean you pay extra and ended up with a bill for more than $1,000!!

    At any rate, I'm not sure what the problem is. What do you mean they won't give you a payoff statement? Do you have an attorney? If so, they can order a payoff statement. If not, just call the number on your mortgage statement and say you need a payoff statement faxed to you as of whatever your closing date is. Sometimes there is a fax fee of $20 or so and sometimes the only way they will send is via fax..lol. Be aware though, that a lot of banks will freeze everything as of the time the payoff statement is ordered so you might be responsible for taxes and insurance in the interim.


    L
     
  9. Why Chat

    Why Chat Well-Known Member

    I looked them up for you,they are the 36th largest bank in the U.S. and seem to be well regarded.
    THIS IS THE ONLY CASE I COULD FIND(other than normal bk filings)
    http://www.law.emory.edu/6circuit/june97/97a0183p.06.html
    THIS IS A DISCRIMINATION CASE
    http://www.dol.gov/opa/media/press/opa/opa2000070.htm
    THIS WAS A TILA DISCLOSURE CASE THEY LOST
    THAT IS NOW A PRECEDENT
    under TILA, a creditor's principal disclosure obligations arise before the credit transaction is consummated. See Rudisell v. Fifth Third Bank, 622 F.2d 243, 246 (6th Cir. 1980); 12 C.F.R. § 226.17(b)("The creditor shall make disclosures before consummation of the transaction.")
     
  10. mindcrime2

    mindcrime2 Well-Known Member



    Whychat... thanks for the information.
     
  11. mindcrime2

    mindcrime2 Well-Known Member



    For some reason my post to your response never made it... I didn't want you to think I was ignoring you whyspers. Thanks for your insight.
     

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