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 went to the Probate Judges office in our county to get a stamped copy of our mortgage and there wasn`t one there.  Now what do I need to do?

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Joe B

     You do not say if you have a copy of the original mortgage paperwork signed at closing, so I am going to assume that you do not.

     Here's the rub. Since their isn't one on file, you have a problem with your closing attorney, who should have filed it. You should probably write to your current mortgage holder and ask for a copy of your mortgage documentation. This is going to be a red flag for them, because they will likely know that you do not have a copy.... If they want to commit fraud, they now have the perfect opportunity...

     You should also contact the closing attorney to see what they have in their file. They may have a copy of the original paperwork. I assume he or she was selected by you, and therefore is someone 'working' for you. If they have the paperwork, you will be able to compare it to anything that suddenly shows up from the mortgage company.

     In any event, you will want to have this documentation. Once you have a copy, you can compare it to the original documentation if there is any and take it from there.

     You will want to watch the local registry office to make sure there isn't any sudden lost original documentation filed with wildly different terms than you remember...

     If the paperwork from the mortgage company matches the paperwork from your closing attorney, you should have nothing to worry about.

     You are in an interesting predicament. However, take some initial steps and let us know how we can help.

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I did not have a closing attorney because I built this house myself.  The contractor took care of all the paper work.  I didn`t get the mortgage until 2005 and this house was built 12 years ago.  Here is the kicker that throws me......we have 2 mine and one is my son`s.  This house was suppose to be on my lot but part of it is actually on his.  Nobody can get a clear title.  He just turned 16 and can`t sign anything until he is 18.  How can they foreclose, how can they get a title, how can they make a mortgage...why did the title company not find this....we didn`t find out until we started to sell this house and the attorney stopped everything at the closing because he said that there isn`t a clear title.

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