Mortgage Servicing Fraud
occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity.
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I am not sure where you read in any of my post that I am behind.   If I posted that anywhere it was in error.  We are current on our loan as of August of 2007.  We had Homeq escrow our last half of taxes last year into our loan but asked for help in keeping the payment as low as possible.  As you all well know - they refused to help.  When my husband called in May to ask again b4 making our payment he was told they could put us in a payment plan but he did not want to do this as he did not want it to affect our credit.  He was told that this would not be reported as it had nothing to do with us being behind it only had to do with the escrow It was our fault for falling for this.  We were in a payment plan for June and July until I figured out what they were doing.  We paid out of the payment plan in August but they still reported us late even though we were current.  This I believe was to keep us in this loan unable to refinance.  We were sent a letter 3 weeks after getting out of the payment plan and being current threatening us with collection action for not making the payment plan payment for September (again we were current).  We have a letter from their attorney and phone calls stating I can only talk with him because we are now considered in litigation.  The title search all came about from advice I took from someone on this board who emailed me and told me they were going to help me.  This is when we found out that the deed and quit claim deed was not correct and we were told that we didn't own the property.  So it seem the more I dig the more I find out.  I have been offered a modification from their attorney, however I think it is a "hush up offer".    You all have been at this longer than I have so I would appreciate some direction.   I have been looking for an attorney and I have taken all the sites that have been offered here but still seem to not have any luck because I have found that they seem to be working for the Mortgage Servicers.  I know that all of the conversations that we had with Homeq were recorded.  I have requested them with no response.  They sent us a written correspondence of what the CSR's had typed but that info is not the conversation we had with them.  I have also contacted the Title company and asked that they fix the deeds.  They are looking into this.  I do not want a "hush up" modification from Homeq as I fear at some point they will figure out how to take our home also.  I want them to fix our credit report so that we can re fiance.  I am sorry if I confused you and will not post anymore if I should not be here.  I am just another desperate person stuck with Homeq and looking for a way out before we lose our home also.  I can not live every day with watching and wondering what they are up to.  This stress is more than I can take and I am sure everyone on this site feels the same way.


Joe B wrote:
Help-

     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!


Good luck!!

JB
    

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JB

I am so sorry I thought you were responding to my post.  Which poor HELP sounds like they are in the same boat with Homeq.    No wonder I was so confused about what you were saying.  Anyway can you read my post as I have update some information to you.  Also after getting caught up on this tread.  Does anyone find it also strange that when we closed we closed at a title company that was in the same Building as The mortgage store, however we later found out that a different title company just used their offices to do title work for The mortgage store.


Linda wrote:

I am not sure where you read in any of my post that I am behind.   If I posted that anywhere it was in error.  We are current on our loan as of August of 2007.  We had Homeq escrow our last half of taxes last year into our loan but asked for help in keeping the payment as low as possible.  As you all well know - they refused to help.  When my husband called in May to ask again b4 making our payment he was told they could put us in a payment plan but he did not want to do this as he did not want it to affect our credit.  He was told that this would not be reported as it had nothing to do with us being behind it only had to do with the escrow It was our fault for falling for this.  We were in a payment plan for June and July until I figured out what they were doing.  We paid out of the payment plan in August but they still reported us late even though we were current.  This I believe was to keep us in this loan unable to refinance.  We were sent a letter 3 weeks after getting out of the payment plan and being current threatening us with collection action for not making the payment plan payment for September (again we were current).  We have a letter from their attorney and phone calls stating I can only talk with him because we are now considered in litigation.  The title search all came about from advice I took from someone on this board who emailed me and told me they were going to help me.  This is when we found out that the deed and quit claim deed was not correct and we were told that we didn't own the property.  So it seem the more I dig the more I find out.  I have been offered a modification from their attorney, however I think it is a "hush up offer".    You all have been at this longer than I have so I would appreciate some direction.   I have been looking for an attorney and I have taken all the sites that have been offered here but still seem to not have any luck because I have found that they seem to be working for the Mortgage Servicers.  I know that all of the conversations that we had with Homeq were recorded.  I have requested them with no response.  They sent us a written correspondence of what the CSR's had typed but that info is not the conversation we had with them.  I have also contacted the Title company and asked that they fix the deeds.  They are looking into this.  I do not want a "hush up" modification from Homeq as I fear at some point they will figure out how to take our home also.  I want them to fix our credit report so that we can re fiance.  I am sorry if I confused you and will not post anymore if I should not be here.  I am just another desperate person stuck with Homeq and looking for a way out before we lose our home also.  I can not live every day with watching and wondering what they are up to.  This stress is more than I can take and I am sure everyone on this site feels the same way.


Joe B wrote:
Help-

     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!


Good luck!!

JB
    

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arkygirl
This is getting confusing because there are two title related problems in this one thread. "Help" is in arrears, Linda is not but HomEq is attempting to make it appear that she is. The usual servicer BS. The fascinating thing to me is that TWO people landed here, both with HomEq servicing their loan, and both have title issues. srsd has title issues, too, but I don't know who services that loan or what title company was used.

Linda just said that the title company office was conveniently located in the same building as The Mortgage Store, but doesn't name it.

Here's the theory. Lenders have been found to be "buddies" with appraisers and brokers who were very useful to them in furthering the granting of bad loans. If there was complicity between lenders and title companies that would be very bad. Even if the title company nominally works for the lender, it is also provides a reassurance to the borrower that their property is unencumbered by previous liens that will jump up and bite them later. Title proves ownership and errors can be fatal.

In these scenarios it seems that everything had broken down that could have worked for the borrower and there is little enough in the borrower's favor as it is in the mortgage chain. Truthfully, title insurance is about the only plus for a borrower. How does any reputable title company "mistakenly" type the wrong lot number? How can any reputable title company "move" the property to a whole different county? These are pretty basic errors and it sounds like there was no quality control at the title companies. Deliberate? Who knows.

These title companies go out of business at the drop of a hat so they are then untouchable. Maybe they just reopen with a new name? That is more common than you might think in some industries. The name doesn't really matter; names are fleeting.

I jut wonder how many people got loans where a title company just happened to be "right down the hall", "next door", or "across the street" from the lender and later discovered glaring errors in their title. And the title company was out of business by then, of course; probably the lender, too, at the rate it is going. I have never heard of a borrower being able to choose their own title company; the LENDER chooses it, just as it chooses the servicers and appraisers and the whole system is ripe for fraud.

If complicity can be proven between lenders and title companies, wouldn't it break a double handful of laws? The title company is supposed to be the disinterested party in the transaction, but what if they aren't? What if there were back room deals made between lenders and title companies? Kickbacks? How many deeds have "mistakes" that literally hold the property hostage until the servicer or lender decides to foreclose, preventing the borrower form selling it to get out from under. Then the servicer has the title repaired and takes possession of it. How does the servicer discover the errors if the original lender couldn't or didn't? Servicers are just punks in the system. How did these errors pass due diligence by the original lender?

It seems like it would void the whole transaction if complicity could be proven. It would eliminate any protection for the borrower, even though the borrower is paying for that title search and insurance. There are people here making payments on something that, by law, is NOT their own property due to title company "errors".

 I just find this fascinating. We have looked at everybody in the mortgage chain at this site in the past. No one has ever looked at title companies to my knowledge. Could title companies be the last link in the "how they did it" chain?

Sorry, I wasn't able to get to Wally-World last night. I have scheduled it for later today, though, so take hope. Even though the tin foil is probably loaded with lead and will rot my brain, it cannot do much more damage than the mortgage industry already has done, lol!




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Here is how the closing went.  Title America was in the same building as The Mortgage Store.  We thought we were closing with them.  That would make some since, however a few months ago while trying to track down all our closing paperwork we found out the Nations Title closed our loan but only used Title America's office as they sometimes did to close loans for The Mortgage Store.  The Mortgage store used Decision One as their lender but they went out of business in September.  I think it is all connected.


arkygirl wrote:
This is getting confusing because there are two title related problems in this one thread. "Help" is in arrears, Linda is not but HomEq is attempting to make it appear that she is. The usual servicer BS. The fascinating thing to me is that TWO people landed here, both with HomEq servicing their loan, and both have title issues. srsd has title issues, too, but I don't know who services that loan or what title company was used.

Linda just said that the title company office was conveniently located in the same building as The Mortgage Store, but doesn't name it.

Here's the theory. Lenders have been found to be "buddies" with appraisers and brokers who were very useful to them in furthering the granting of bad loans. If there was complicity between lenders and title companies that would be very bad. Even if the title company nominally works for the lender, it is also provides a reassurance to the borrower that their property is unencumbered by previous liens that will jump up and bite them later. Title proves ownership and errors can be fatal.

In these scenarios it seems that everything had broken down that could have worked for the borrower and there is little enough in the borrower's favor as it is in the mortgage chain. Truthfully, title insurance is about the only plus for a borrower. How does any reputable title company "mistakenly" type the wrong lot number? How can any reputable title company "move" the property to a whole different county? These are pretty basic errors and it sounds like there was no quality control at the title companies. Deliberate? Who knows.

These title companies go out of business at the drop of a hat so they are then untouchable. Maybe they just reopen with a new name? That is more common than you might think in some industries. The name doesn't really matter; names are fleeting.

I jut wonder how many people got loans where a title company just happened to be "right down the hall", "next door", or "across the street" from the lender and later discovered glaring errors in their title. And the title company was out of business by then, of course; probably the lender, too, at the rate it is going. I have never heard of a borrower being able to choose their own title company; the LENDER chooses it, just as it chooses the servicers and appraisers and the whole system is ripe for fraud.

If complicity can be proven between lenders and title companies, wouldn't it break a double handful of laws? The title company is supposed to be the disinterested party in the transaction, but what if they aren't? What if there were back room deals made between lenders and title companies? Kickbacks? How many deeds have "mistakes" that literally hold the property hostage until the servicer or lender decides to foreclose, preventing the borrower form selling it to get out from under. Then the servicer has the title repaired and takes possession of it. How does the servicer discover the errors if the original lender couldn't or didn't? Servicers are just punks in the system. How did these errors pass due diligence by the original lender?

It seems like it would void the whole transaction if complicity could be proven. It would eliminate any protection for the borrower, even though the borrower is paying for that title search and insurance. There are people here making payments on something that, by law, is NOT their own property due to title company "errors".

 I just find this fascinating. We have looked at everybody in the mortgage chain at this site in the past. No one has ever looked at title companies to my knowledge. Could title companies be the last link in the "how they did it" chain?

Sorry, I wasn't able to get to Wally-World last night. I have scheduled it for later today, though, so take hope. Even though the tin foil is probably loaded with lead and will rot my brain, it cannot do much more damage than the mortgage industry already has done, lol!





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I am in shock over the comments to the lady having trouble with Homeq. I use to be a part of this forum about 2 years ago looking for help with the same SERVICING co. Homeq. They are the bad boy in the closet-part of Wachovia-but this company does not want to claim them. They will do anything and everything to take your home. We were in our home for almost 20 years and were sold to them. We went through 6 years of hell trying to figure them out. Went through 6 wimpy lawyers-and the one that wanted to take them apart wanted our Frost born so to speak in payment.I spend every waking hour investigating them. Our mess started when my husband and I had a car accident and lost alot of our business-which at the time was new. We got TWO payments behind with them. We had been getting statements a year before that were NEVER correct. We called and called them to correct this-got a different person every time. Runaround. This is done to start this fraud rolling-this forum should know this. SO- when we truly got behind we wanted to correct this-called where to send the money over night. The so- called worker there said she would send us a fax and we knew we would have some late fees.Fine. Mind you-our payments were  less than 700.00 a month -now we get the fax that said we owed 7,000.00 dollars!!! We went nuts-called back and they said it was an error-second fax came -14,000.00 -called again-third fax the grand total 17,000.00!!! Now how do you get two payments and fees to equal that #??? The battle was on- we ended up at a dead end-owed no taxes-we paid them ourselves and our insurance. We went to every organization-went to meetings and talked with the F.B.I. of the white collar crime unit. Knew all about them-got no where. We had to go into a forbearance agreement with them not to lose our house. We had to pay a crazy amount a month by western union-we did for their 18 months. Get another letter after that deal saying that we needed to go into another agreement because we only satisfied 12.00 of the fees!!! Sounds like fiction- this is the most evil company that seems to go on and on. Look up the class action suits on them. There is one going on now-we are apart of. But of course the amount they want to pay back to us is a joke. Our story ends this way-we went in a chapter 13 for 2 years to keep them off our back. They could did not get their proof of claim in the courts on time-actually Never sent it. We could name our price[ I found out later ]of what WE OWED them- but our lawyer did not know enough at the time to advise us of this. After we completed Chapter 13- more fraud-we went chapter 7 and left a 20 year home that our grand kids were broken-hearted over. We have 2 file cabinets full on this company. Make them produce the ORIGINAL Deed- I had talked to a man in New York that told me that they were the biggest scam around-he worked for them at the time. We had the Bank of New York trustees claiming to own our mortgage. They were a bunch of investors that went sour -so-I hate to say all of this but there is no light at this tunnel. I am a person of faith and fight-but this almost sent us over the edge. We paid everything we had for years to this company. I have friends that got behind in their payments for less legitimate reasons and the companies worked with them and did not want there home. They want your HOME-bottom line-they lose nothing. The object of the GAME is confuse you and get you so emotionally crazy that you will do anything. I also live in Ohio-this state needs to get with it. We also had one of the lawyers and Rescue firms- fraud us also-W.J.W. The Attorney General went after them -we were suppose to get our money back-they have postponed this constantly. There should be articles on the web about this also-it was on the news in Ohio. So- I hope this forum does not judge the ones that got behind in their payments. It is a two-way street. Fraud comes in all size of packages. My husband and I have peace now-and will pay CASH for our new home.Until this CRIME comes down -no one is safe. 

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Becky, I haven't seen anything egregious said in this thread to date. The thread has been a tad confusing if only because both "Help" and Linda have landed in the same thread and "cross contamination" of info happens easily in these situations.

While I don't believe that anyone is placing blame on individuals that are legitimately behind in their payments it is necessary to establish whether that is true or not in theses case as a legitimate default tends to affect how MSF cases must be approached.

That said, AG, could you drop me a line when you have a sec?
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After reading all of Linda's title problems, we too are worried. We are going to the courthouse to get any and all documents regarding our mortgage. I have sent Qualified Written Requests to HomEq as well as our WOUNDERFUL broker that got us into this mess. He used to work for Wells Fargo. We had no idea of the mess he was getting us into. I have demanded any and all SIGNED documents regarding our mortgage. We are going to compare those with the ones from the courthouse. When we were with our broker, we were not told that this was an ARM until we were finished signing. We had used him for about 3 years. His name is Carl Jordon of Jordon Financial Group. He really scammed us this time. After looking back over the time we have used him, it seems every company we were refinanced with is among the bad lenders and servicers. Of course, I knew nothing about these scams until our issues started with HomEQ.
Our story is a little different but I am sure there are others on this post who have had the same problems.
Ours began when I lost my job and we became 1 month behind in our payment. They told us that we needed to pay 2 payments by phone. One on the 19 of June the next on the 29 of June. This would have caught us up through June and our June payment would not have been 30 days late. They called my husband and he gave them all the information on our account that they needed to submit our payments. He had the check with him that was made out to HomEq. I was going to mail it but they insisted that it would be processed on time if we made them by phone. So the story goes. We did not hear from them again until the 9 of July. They called my husband and told him the check was "duplicated". He called me and I called HomEq. The girl on the phone told me that our July 19 check was "duplicated" but assured me that the second check was fine. They applied it towards our May payment. So here I am at our bank trying to find out what's going on. After getting all of our bank statements together I find out that the check number was skipped. About a week later we once again get a call from HomEq stating that our second check did not go through. This was the time when it finally hit me that something was VERY wrong. Each time we received a letter that our checks had been "dishonored". No reason as to why. It wasn't until I wrote a complaint letter to the BBB that I received a response from HomEq. In the response it stated that the checks were returned due to "account not found". First we heard of this. If when they sent the first check through it came back "account not found" why would they (ten days later) send the second check through with no new information from us? And why did it take 14 days for them to find out the first check did not go through? On the back of their statement it clearly states that the checks will be processed that day or the next business day. Why 14 days? Well, I now know that it was because they could make our payments late once again and charge us more fees. After checking again with my bank I found out that even IF the check were duplicated as they first stated that they could have still cashed them. It was right after that when I found ripoffreport.com and this site. That's when it all came into focus. That's our story in short form.
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arkygirl

Problems with Legal Descriptions

We often encounter defects in the legal description. If the defect is minor and is simply a
typographical error or an unintended omission, it can easily be corrected by recording a scrivener’s
affidavit in ahead of the Deed Under Power which
will explain and correct the defect.

A more problematic situation is where the legal description does not convey the correct parcel of land, an incomplete parcel of land or it conveys a parcel of land that the house is not sitting on. In these instances a claim should be made on the loan policy immediately and most likely the sale will need to be cancelled while the defect is remedied. It may be that the title company will need to have the property surveyed again and commence a legal action to resolve the issue.

 

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arkygirl
  Took your advise, but haven't gotten very far. At this point I am soooo ready to just give up!!!!  This is soooo mentally draining and frustrating!
I apologize for posting my concerns here!

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arkygirl
OK....Marc Dann has set up a website for people to give direct info over the web:

http://www.ag4ohio.com/Public/Default.aspx

Choose the "Consumer Help Center" and then Predatory Lending in the drop down box. That should at least get you near someone who is working with mortgage issues. Be prepared to provide a lot of information. Why do you feel you haven't gotten very far? Did they blow you off? Tell you they aren't interested?

You will have to give a concise complete coherent outline of your current troubles and make sure you tell about the incorrect legal description as well as HomEq's refusal to work with you. Servicers dislike the attention of the AGs almost as much as they dislike media attention (or more).

If you know, could you tell me how HomEq became aware of the incorrect legal description?



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The did give me someone eles to contact. Only to correct the deed. The Ag did not take a complaint. They didn't seem as though it was a big deal. Might I add after futher investigation, I have found out that my original mortgage was through Argent Mortgage company which in the beginning I had Ameriquest servicing it untill it transfered to Homeq????? This is interesting.

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Whoa!

I was going to post about a recent series of events that have happened within the last 45 days....and here we are Title Company error????

1) Received a letter from the county tax assessor's office stating that they
    believe someone is living at this property address, and the assessment
    has changed.  It seemed to mean that they were only assessing the
    property 22.3 acres, and not the house on it.  I thought this was odd,
    as the people we bought this place from were living here

2) Then received a tax bill for property taxes that will be due in December,
    that seemed normal, although at closing I was told there was a tax
    abatement, but on one was able to explain that.

3) 2 days ago got a phone call on my cell  (hmm, how did they get that?)
    from the Title Company telling me that they are having a problem recording the transaction.  I asked if they had the entire file, she said yes,
I asked her to send it to me, along with the quit-claim deed that she wanted me to sign, as the original one I signed at closing was mis-placed.

We bought this house and acreage 18 months ago, and still there is no recording?  The Title company was not the local title company that did all the title work, and was at the closing, this was another branch located in Nebraska, she said they are the division that work out the "problems"

Last weekend, curious about the recording because of the letter from the county, I tried to get in to the county records, with no avail.  I ended up on HomeInfo Max where I paid to get property information on the property we "think" we are purchasing.

What I found was this:  Detailed Property Report that only lists ownership information --my husbands name, with a mailing address of our previous address, not the current address where we actually live.  The property characteristics are all blank, this actually pertains to the house, and it is all blank...could be this data was gathered prior to the house being built...which was three years ago.

The last transfer information shows a recording date of May 5, 2005 (prior to us purchasing the home), the deed type is listed as a quit claim deed...
a sale date of May 4, 2005 (also prior to our purchase date) and a sale price of $292,600.00   hmmmmm....

We closed our loan April 18, 2006, with a purchase price of $234,000

Last Market Sale Information, shows a recording date of April 10, 2007
and a sale date of April 18, 2006 (our actual closing date)
and shows the sellers name

When we, I say we, but the loan is only in my husbands name...because of my previous BS with Saxon, I didn't want to be on the loan or the deed.
Anyway, at closing, we did not get a copy of ANYTHING!!  I called the title company several times to request copies of the closing documents, but they never sent them to me.  So 18 months later, there is a problem with the recording of the sale because they lost the quit claim deed I signed at closing. 

We are not behind in our mortgage...so I don't know what all this means, or how it was prompted...what do you all think?
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Joe B
Trish-

     Might I convince you to start a new thread? I would like to suggest that you completely recap your entire problem from start to finish, along with what help you need. People are going to confuse your issue along with Help!'s issue and Linda's issue which are all present on this thread.

     Another piece of advice. Since none of us know what is happening as much as you, please consider being as thorough as possible with the understanding that this is the first time that any of us has heard your story. This will avoid the endless back and forth asking of questions, and instead, we can dig in to try and help more quickly.

     In my opinion, this could help a bunch! Thanks.

JB
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Hi Joe B---

I saw you started a clean-up thread on Linda...so I did post a new topic

"18 months after sale and no recording"

I thought the same thing...you can delete my post in this thread for the sake of clairty. 

I think I described my situation...if not, let me know, and I will be more precise, and you can delete that thread too, and I will start over.

Thanks-
Trish
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Joe B wrote:
Help-

     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!


Good luck!!

JB



JB

 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.

Help

    

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I also forgot to add

Since all this has occured:
 The title companie used is no longer in business
 As well as Argent Mortgage LLC

It still states at recorders office that Argent Mortgage is our lender.
No assigns or anything

After many phone calls to companies that took loans for Argent,
NO ONE has records to our Mortgage Loan #

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