Final Act, scene II...

 Posted on February 27, 2012 in Foreclosure

Here are three more affirmative defense that may arise out of violation of the Unfair and Deceptive Trade Practices Act:

1. If your lender did not provide you with statements of the escrow account associated with your loan transaction, then an affirmative defense may exist.

2. If your lender failed to pay property taxes or insurance premiums for the subject property, there may be an affirmative defense.

3. The third is sort of a catchall catergory for actions or behavior that does not fit into the other affirmative defenses under the Unfair and Deceptive Trade Practices Act. If the actions of the lender were misleading or deceiving to the consumer in a way that could be construed as unfair or deceptive, there may be an affirmative defense.

If you believe that your lender has engaged in the above, please contact an attorney (especially for the third defense listed above).

(e) Otherwise misleading or deceiving the consumer in a way in which the practice can be construed as unfair or deceptive.