is this mortgage illegal?

“I received a letter from GMAC that the terms of the mortgage was misstated that it was actually 40 yrs, and had a balloon payment. What should I do?”
Nothing in the mortgage papers says anything more than it is an arm for 360 months. The 40 year and balloon part came after the note was bought by GMAC, and from GMAC stating the note was for 40 years, and there was a balloon at the end.
yes there was a prepayment penalty, that part has expired. the payments I have been paying are based on a 40 year mortgage. the papers say it it is a 30 year mortgage.

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