My question involves real estate located in the State of: Texas
We did a modification/renewal/extension of a balloon note with our bank on October 31, 2008. We mailed them immediately in to our bank upon receipt but never received a copy back. We found out this month that they applied our first payment to November instead of December and we are a month behind but because I sent my payments in early every month we were within the 30 days, for every month but December (it arrived on the day the payment was due January 9, 2009) so they marked us 30 days late for December. I requested a copy of the loan documents only to be told my husband was the only one who could request the documents, even though I had signed every document. When we received them, our mortgage broker who is working on our refinance noted they had back dated the loan to October 9, 2009, made the first payment due November 9, 2009 even though we did not have the loan papers until October 30 and they did not notarize them until November 10, 2008. The second thing he noticed was that I was on every loan document but the Truth in Lending Statement, I was not asked to sign that document. We also never received any disclosures about our rights to rescission, does that apply here and what recourse could we have?

