What are a borrowers rights if they do not speak/read English?

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What are a borrowers rights if they do not speak/read English?

My father is Spanish speaking only and took out a loan in 2006. Didn’t know until now that he had signed a grant deed, since my sister had everything sent to her. He didn’t know the payments weren’t being made. Now they are threatening to auction his house or he has to pay the loan. Can they do this since he doesn’t read English? Should we get a lawyer to negotiate a payoff?

Asked on January 13, 2011 under General Practice, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for this situation.  Yes, you should seek help from an attorney in your area on this matter as soon as you possibly can.  Bring with you all the documents that your Father signed and everything that has been sent to your sister. And bring someone with you that can interpret for your Father.  He needs to explain to the attorney what happened and what his understanding of the transaction was at the time that he signed the papers.  What was your sister's involvement with all of this?  Did she not realize that he was using the property as collateral for the loan?  This all sounds a bit fishy.  Get help.  Good luck. 


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