Title overcharge doesn’t void mortgage

Future-Proof: Navigate Threats, Seize Opportunities at ICNY 2018 | Jan 22-26 at the Marriott Marquis, Times Square, New York

In the case McCutcheon v. America's Servicing Co., the homeowner (M. Clark McCutcheon) signed the closing documents to effect a cash-out refinance mortgage on his home, despite the fact that his eyesight and lighting prevented him from reading the terms.Several days after signing, the homeowner (an elderly man on a fixed income) realized that the stated income, the payments and the title insurance fee were all higher than he had believed.After using the cash from the refinance to make several payments, the homeowner defaulted on the mortgage and issued a demand to the mortgage company to rescind the loan. The homeowner soon received a notice from the mortgage company of its intent to initiate foreclosure proceedings. About one month later, the homeowner filed suit. The homeowner claimed that the mortgage company overcharged him for title insurance, charging him the purchase rate rather than the lower refinance rate. Further, the homeowner claimed the charging error was a ...