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In Aug 2003, my grandmother apparently signed two loans that amounted to $120,000 to purchase a home. At the time she was 80 with an income of $1100 a month. She passed in 2006. The home was deeded to me. I found out in 2008, that the first loan was an ARM interest only with separate T&I, the second was a 5 year balloon. The bank forgave the second loan and pursued the first. I discovered in the scarce closing paperwork from the attorney that on the second loans' income was typed as $3500 two days before a clerk of court hearing. I was able to postpone. I requested the 1003 only to find the income on the first loan was stated at $2700. Please keep in mind the same bank (RBC) wrote both loans dated within a week of each other.

Finding an attorney to help you was a chore. They don't want to work with the victims here in NC, they make more helping the banks foreclose on you. Well I finally found one to help me, supposedly. I gave all papers I had and the research I had done. He than proceeded to ask for a retainer. He never requested anything from the bank as noted by the trustee in two hearings. This home was ordered to be foreclosed. Wanting to correct an injustice to my grandmother, I was convinced by said attorney to file chapter 13 on the house because he needed to file a UDAP in federal court because they have law clerks. This was six months ago. As of yet nothing has been filed nor will he return my emails or telephone calls. I am organizing paperwork for the state bar at this time.

My question is has anyone filed a UDAP? and can I win? Does anyone know an attorney who can help this broke sole in NC ? What are the procedures if I must go it alone? Since the chapter 13 filing, RBC has sent additional bills adding up to over $8000 to my deceased grandmother.

The irony is I could have walked away and maybe attempted to pursue this in state court. With my than good credit I could have purchased another foreclosed home in better shape.

adonis · Posted: Mon Sep 06, 2010 12:13 am Post subject:

Welcome drambuie,

Unfair and Deceptive Acts and Practices Statutes (UDAP) is active in all the 50 states of United States. However, in some states the UDAP statutes have so many weaknesses and at times it has been undermined by judicial decisions as well. If you've a efficient lawyer, then you will be able to win the case.

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