private loan made - loan agent blew it
I used my investment money (before the real estate market blew up) to help on a 2nd trust deed for a gentleman that was losing his home and car due to medical problems. He was better now but would lose everything unless he could borrow money. So I agreed to loan him money for 6 months at 12.9%, APR 18.776%. It now looks like this triggers it to be a HOEPA loan. He has a lawyer and is looking to rescind the loan and get punitive damages. Now that I have read up on HOEPA it looks like the loan officer made some major errors. (balloon payment, high interest, no notice that borrower could lose his home)
Borrower has NEVER made a payment and attempted to refinance with another lender but was refused.
If no payments were ever made is the borrower in the right? Any other advise? Thank you.