Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > REAL ESTATE LAW > Mortgages, Refinancing & Foreclosure

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 07-01-2008, 03:09 PM
Junior Member
 
Join Date: Jul 2008
Posts: 4
Question

Bank pulling switcharoo?


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

Filed bankruptcy in 2004. Debts discharged 3/2005 (This is not a bankruptcy question)
Refinanced mortgage 12/2005. Was told best option was to refinance for lower interest, with "no fees" using "Quick Claim Deed" and co-signer and this would make our house payment go way down.

What I actually got was: A lot of fees; my house payment went down $12; the mortgage on my home is now my father's mortgage - my name is not on the mortgage at all; I am, however, making the payments - they are being automatically deducted from my checking account by the same bank, but I am not getting credit with credit bureaus for making all these payments on time; and to add insult to injury, the bank has reported to the credit bureaus that the loan I refinanced was included in a bankruptcy!

A loan officer said we could fix the situation by refinancing - again - and it would cost us about $3000. My father spoke to the branch manager who said he could probably "do something about some of those fees to reduce the cost of refinancing".

So now I come to my question. Is there an agency they should be reported to? Is there anything I can do to the bank? Shouldn't there be some kind of compensation? Or was this just one FUBAR deal, and I'm screwed?
  #2  
Old 07-01-2008, 03:51 PM
Senior Member
 
Join Date: Feb 2007
Posts: 8,270
Nothing improper here.
It's QUIT claim.

Essentially, you transferred ownership to your father so your father could take out the loan without your derogatory information, possibly lying and saying he was going to live there which might be considered fraud.

Of course you're not getting your father's note reported (whether you pay it or not).

Of course they reported your previous delinquency and the suspense due to the bankruptcy.

Almost certainly on the refi there as a truth-in-lending statement that told you the costs and the payments.

It appears to be purely wishful thinking on your part that any action would have happened other than what did.

Thank your stars that you have a helpful father.
  #3  
Old 07-01-2008, 04:41 PM
Junior Member
 
Join Date: Jul 2008
Posts: 4
Lightbulb

More info - maybe a bit clearer


[font="Comic Sans MS"]Hi Flyingron. Thanks for your input.

I DO thank my lucky stars for my helpful dad.

Dad's name was added to the deed. He's on there with me and my husband, so we didn't transfer ownership, and he didn't move in with us. This was all the bank's idea.(And by bank, I mean the loan officer we dealt with)

We were told he was cosigning not putting the mortgage solely in his name. I had never heard of a bank setting up a mortgage in one person's name and taking the money from someone else's account.

And it just gets my goat that I'm paying this loan on time, every time and it's not on my credit report. Man, I could use some good mojo on those reports.

We REFINANCED the previous mortgage, which had never had even one late payment. It was not included in the bankruptcy which was discharged in March. We refinanced in December.

Additionally, in 2005 the bankruptcy laws did not allow mortgages to be, included in or discharged by, bankruptcy.

And yes, we have forms telling us about the payment amount and the interest rate - that was never part of the question.
But you know what isn't there? Any info at all about the mortgage being in Dad's name instead of our name. His name is never mentioned on our paperwork and ours is never mentioned on the papers he has. Does it sound strange yet?

I sure hope I don't sound argumentative. I just know I probably didn't do a great job of explaining the first time around and I'm hoping this helps to clarify things.

Thanks again, FlyingRon! Maybe someone will come up with something that will make my day yet!
__________________
I appreciate the help anyone can give, even if it is a critique, and the knowledge anyone can pass on.

Last edited by Peri; 07-01-2008 at 04:44 PM.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 05:33 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.