Joe B wrote:
I have been thinking about your situation, and have re-read the postings here. I am having a little bit of trouble, but still want to see if I can help.
In one of your first posts, you said you were current on your loan; in some others, you said you were behind... which is it?
The people here on this board are having their homes taken in spite of the fact that they were current. There are places that might be able to help those that fell behind on their payments, but we here, have a different problem.
Are you trying to use the fact that the wrong address (or property) was recorded in order to save your home? Just to be clear, the mortgage company has a right to correct a recording error, because they have an interest in your property. Likewise, you too can have an error corrected on your recordings. The system is flexible because people are fallible. I would not be upset that the mortgage company is trying to correct this mistake. I would also not be surprised that (if you are behind) they will then initiate foreclosure action against you. If you are behind, this is their right. Moreover the fact that you signed an adjustable rate mortgage and the rates are rising is nothing anyone here can help you with.
The fact that no one at the mortgage company will work with you is not a tremendous surprise; they view you as delinquent (if you are). However, I would consider making more calls into the mortgage company until you reach someone that says they can help you. I would not expect much empathy because you are behind... I would not address the recording issue, as it will only make things more confusing. I would simply try to reach someone who has the authority to work out a loan modification with you so that you can retain your property. You will need to talk to someone on loss mitigation; keep asking for subsequent managers until you get to someone who says they can help you.
Now, if you a victim of MSFraud, mortgage fraud, or any other kind of fraud, you need to get counsel, and nobody here can find it for you.
However, here's the real issue. I think you have a decent chance of a temporary restraining order on the foreclosure because of all the confusion around the title. However, all this is going to do is buy you some time. If you can't come up with a way to pay the mortgage if you are behind, you will eventually have fewer options. If you go this route, you will need an attorney!
Bottom line is that you need to get on the phone, search the internet, ask friends, etc. to find an attorney who can help you. Do it today. No one here on this board is in a position to represent you and that is what you need. Don't delay!
I feel the need to respond to your post
We are behind on our payments due to a 3 month loss of income.
But it wasn't until now that we have taken a closer look at our mortgage papers. After reading several posts from other people, we have discovered that we may have been a victim of the predatory lending.
Most of the companies I have seen on here were involved with our loan. Argent Mortgage- Ameriquest Servicing-Homec servicing
We have alot of the same problems that people have on here:
Loan origination; 2005
Extremely high closing costs-
2/28 arm, which is increasing every 6 months-(we were told it would be 12months)
Refusal to except payments to bring loan current-minus the ridiculous attorney fees they have added on
Refusal to tell us who our lender is
Homeq telling us to do a short sale, rather then doing a loan Mod
Which has been recommended by 2 HUD counselors.
After further review of Mortgage papers they were other mistakes including: wrong legal description, and my SS# on all of they docs ( which was corrected with Homeq 1 year later) but still remains on all legal docs.
I also understand that you here are not attorneys, but at this point we are trying to get all the information we can to help us in our situation.