Bank messed the Paperwork. What do we do?

[sterling434]

What is the name of your state (only U.S. law)? Texas

My ex-girlfriend and I were looking at a home a few years ago. She found a house she liked, but I was living out of state, but we had plans to move in together. She decided to buy the house and I went with her to her closing. At closing the 1st mortgage company did the note and all liens in her name Only. But on the deed that was recorded with the state, my name was added also. I never signed anything with her bank about the mortgage. A few months after closing, we looked up online and my name was on the deed filed jointly with her. But again, I never cosigned or put my name on any paperwork with the bank, but I did sign the deed with the state. A year went by and that bank hit her with an adjustable rate increase which raised her mortgage $750 a month. She decided to refinance with another bank while the rates were low to get a better fixed rate. Again, the 2nd bank put the note in her name and I was living in another state. But the deed still had both of our names on it.... She worked for the church, and the house was tax exempt from the county since she was clergy. She didn't have to pay taxes on it for two and a half years and life went on. Then one day the county's computer lost 200,000 files of the exempt properties. She was out of the country on a mission working, and the county's computer sent out an automatic letter saying she owed taxes for the past two years. She didn't get it, so the county sent a letter to her bank. And then the bank paid the $25k in back taxes (that was a mistake). The bank sent out a letter to her, saying she had to pay the $25k back in 6 months and increased her mortgage payment. She had auto pay on her bank account to pay her mortgage. But since the amount changed. The bank rejected it. This went on for 4 months while she was out of the country. The bank filed for foreclosure because the auto pay didn't go through, even though she had the money in the bank. And the funny thing was that her bank account was with the same bank she refinanced with. And then she filed with the county to protest the problem, but it was 6 months late since they sent the mistake request to the bank for the $25k. And the next protest date that the county could make for her to come in was 4 months down the road...... So she had no idea what to do but thought she was being forced out of the house because the mortgage had nearly tripled and she didn't make that kind of money to pay it off that month... So she put it on the market to see if she could get a quick sell and at least get something out of it without losing all her equity, but no buyers in a bad market.... She moved out because she thought the bank was sending the police or something to kick her out and she tried to call the normal 1-800 #'s and got no where with the bank..... She moved and thought the bank took the house from her**************. That was a year ago.....
We came to find out a few months ago that the house is still there in Houston, and it is still in both of our names and everything is the same as she left it.
So two days ago after I talked to her, I returned a phone call to some law firm that is representing the bank to find out what was going on. The assistant said that they wanted my address and hers so that they could serve us papers on the Houston property. I asked why and she said that the bank messed up and needed ME to sign some release when the mortgage was signed by the bank to allow a lien to be put on the property. (Since both of our names were on the deed) She said that it was a common mistake and since we were married at the time that the bank needs to foreclose on the property but can't unless I go to Texas and sign some paperwork..... It gets even better.....
The funny thing is that we were NEVER married, nor did I ever live in that house. We broke up about 3 months after she signed the FIRST mortgage with the first bank, but we remained friends. So my question is what should we do??? The bank messed this whole thing up, they messed up her credit and now it seems that they don't actually have the house, but need me to give it to them. It is a nice house and she had about $75k in equity and the house is worth $240k... I'm supposed to call the law firm back next week to make some type of arrangements... Has anyone ever heard of such a screw up?? Does the bank have the advantage over us or should I just sign the papers and let them have it. I would really appreciate the advice if someone knows anything about real estate law....

[HomeGuru]

Originally Posted by sterling434

What is the name of your state (only U.S. law)? Texas

My ex-girlfriend and I were looking at a home a few years ago. She found a house she liked, but I was living out of state, but we had plans to move in together. She decided to buy the house and I went with her to her closing. At closing the 1st mortgage company did the note and all liens in her name Only. But on the deed that was recorded with the state, my name was added also. I never signed anything with her bank about the mortgage. A few months after closing, we looked up online and my name was on the deed filed jointly with her. But again, I never cosigned or put my name on any paperwork with the bank, but I did sign the deed with the state. A year went by and that bank hit her with an adjustable rate increase which raised her mortgage $750 a month. She decided to refinance while the rates were low to get a better fixed rate. She went to Bank of America and the typical one month old employee signed her up and she refinanced. Again, the 2nd bank put the note in her name and I was living in another state. But the deed still had both of our names on it.... She worked for the church, and the house was tax exempt from the county since she was clergy. She didn't have to pay taxes on it for two and a half years and life went on. Then one day the county's computer lost 200,000 files of the exempt properties. She was out of the country on a mission working, and the county's computer sent out an automatic letter saying she owed taxes for the past two years. She didn't get it, so the county sent a letter to her bank. And then the bank paid the $25k in back taxes (that was a mistake). The bank sent out a letter to her, saying she had to pay the $25k back in 6 months and increased her mortgage payment. She had auto pay on her bank account to pay her mortgage. But since the amount changed. The bank rejected it. This went on for 4 months while she was out of the country. When she got back it was a whole mess of crap************** The bank filed for foreclosure because the auto pay didn't go through, even though she had the money in the bank. And the funny thing was that her bank account was with the same bank she refinanced with. And then she filed with the county to protest the problem, but it was 6 months late since they sent the mistake request for the $25k. And the next protest date that the county could make for her to come in was 4 months down the road...... So she had no idea what to do but thought she was being forced out of the house because the mortgage had nearly tripled and she didn't make that kind of money to pay it off that month... So she put it on the market to see if she could get a quick sell and at least get something out of it without losing all her equity, but no buyers in a bad market.... She moved out because she thought the bank was sending the police or something to kick her out and she tried to call the normal 1-800 #'s and got no where with the bank..... She moved and thought the bank took the house from her**************. That was a year ago.....
We came to find out a few months ago that the house is still there in Houston, and it is still in both of our names and I even went there to check on it. Sure enough, my key fit the front door, and everything was the same as she left it. One of the neighbors came over and said all kinds of people had been by trying to get a hold of us but they didn't have our cell phone #'s. But when she got back to the U.S. last month, her father had said that two people have tried to serve her papers but he said she didn't live there.
So two days ago after I talked to her, I returned a phone call to some law firm that is representing the bank to find out what was going on. The assistant said that they wanted my address and hers so that they could serve us papers on the Houston property. I asked why and she said that the bank messed up and needed ME to sign some release when the mortgage was signed by the bank to allow a lien to be put on the property. (Since both of our names were on the deed) She said that it was a common mistake and since we were married at the time that the bank needs to foreclose on the property but can't unless I go to Texas and sign some paperwork..... It gets even better.....
The funny thing is that we were NEVER married, nor did I ever live in that house. We broke up about 3 months after she signed the FIRST mortgage with the first bank, but remained friends. So my question is what should we do??? The bank messed this whole thing up, they messed up her credit and now it seems that they don't actually have the house but need me to give it to them. It is a nice house and she had about $75k in equity and the house is worth $240k... I'm supposed to call the law firm back next week to make some type of arrangements... Has anyone ever heard of such a screw up?? Does the bank have the advantage over us or should I just sign the papers and let them have it. I would really appreciate the advice if someone knows anything about real estate law....

**A: can you ask one simple question?

[sterling434]

Sorry, my fingers like to ramble sometime and I like to explain things in detail. I can try and cut it down. This is my first post and I am just trying to figure out the system. Thanks for the advice....

[HomeGuru]

Originally Posted by sterling434

Sorry, my fingers like to ramble sometime and I like to explain things in detail. I can try and cut it down. This is my first post and I am just trying to figure out the system. Thanks for the advice....

**A: you still did not answer my question.

[sterling434]

Sorry again... Can the bank take the house from her without me signing the paperwork? When I never signed anything on her note with her bank. They are not trying to serve us papers for foreclosure, but documents to amend the filing of the deed or something. Why haven't they been able to take the house for the past year without my authorization b4?

[HomeGuru]

Originally Posted by sterling434

Sorry again... Can the bank take the house from her without me signing the paperwork? When I never signed anything on her note with her bank. They are not trying to serve us papers for foreclosure, but documents to amend the filing of the deed or something. Why haven't they been able to take the house for the past year without my authorization b4?

**A: the answer is yes.

[sterling434]

So what do they need me for? Their lawyer told me that they could not foreclose on the property unless I signed the Deed in Lou? (I think that was the term) That is why they have been trying to find me for the past year. So their lawyer was lying? Thanks for answer, from your # of posts, it looks like you have some experience in this. I was just confused about why they were waiting on me to take the house.

[HomeGuru]

Originally Posted by sterling434

So what do they need me for? Their lawyer told me that they could not foreclose on the property unless I signed the Deed in Lou? (I think that was the term) That is why they have been trying to find me for the past year. So their lawyer was lying? Thanks for answer, from your # of posts, it looks like you have some experience in this. I was just confused about why they were waiting on me to take the house.

**A: the term is deed lin lieu. And I do not knwo the mindset of the bank and their legal counsel but suffice to say, you were not told the facts.