I signed a home refinance document, then cancelled within 3 days (time allotted for cancellation). The lender said they didn't receive the notice. The atty for the lender says that my only recourse is to honor the agreement. They also told me to pay the first mortgage payment in order to avoid foreclosure on my house. They also told me that the only way the contract could be cancelled is if I can give them the money that paid off the first mortgage and home equity loan. What can I do to get this cancelled?
Real Estate Attorney
It really depends on what your loan agreement says. Notice is usually defined very specifically. If you followed the requirements for giving notice within the three day period and can prove it, then you are likely in a good position. Of course, either way, you will have to return the money that was paid out to you.
Disclaimer: The foregoing is not legal advice and we have no attorney-client relationship. Every case and matter is different, and I made a number of assumptions in generally discussing your situation.