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Foreclosure question

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What is the name of your state? Florida

I have been sued for foreclosure by the broker who placed the loan. I have hired an attorney and he has filed an answer on my behalf. However, I have a problem:

The process server encountered my 17-year-old daughter-in-law at my house and served her papers, and in the process, served "John Doe" and "Jane Doe" as her and my son. They had not answered their summonses, and the broker has filed a Motion for Default against them, although neither one is either on the mortgage or the deed to the house.

Is this going to create a problem for me? I have a valid defense, and the broker is just being an ass.

Thanks.
 


moburkes

Senior Member
How is the broker suing you for foreclosure? How does the broker know that you are behind in your payments?:confused:
 
How is the broker suing you for foreclosure? How does the broker know that you are behind in your payments?:confused:

I'M NOT BEHIND IN PAYMENTS: the Mortgage Lender is accepting payments as we speak, but the broker claims that the mortgage company is calling back the loan because I lied on the application (I didn't and can prove it).

Mind you, I closed this loan 1 1/2 years ago, and I call the bank and they don't know what I'm talking about (re: foreclosure).
 

moburkes

Senior Member
Okay. Back to your original post. What do you have a valid defense for? What is the supposed lie on the application that would have meant that the lender wouldn't have loaned you the money? Why haven't you asked your attorney these questions?
 

moburkes

Senior Member
In reading your posts, Stella, I'm inclined to believe that you DID commit mortgage fraud. You owned property in 2004.

I entered into a sales contract to sell my home, and specified certain repairs in the home prior to closing. I was not able to make said repairs for lack of funds, and was selling the home on account of divorce. The buyer was using state funding for the purchase, and the repairs were required. The contract expired on July 16, 2004, and I proceeded to list the home with a realtor in order to sell it before foreclosure commenced by the lender.
edited to add:
07-21-2005, 02:38 PM
stellapena
Member Join Date: Nov 2002
Posts: 43

Mortgagee wants to call back its loan

--------------------------------------------------------------------------------

What is the name of your state? Florida

I recently purchased a new home, in a new county, and moved about 200 miles away from my original home (also quit a very good job, and got another one). I applied for housing downpayment assistance with the state, and based on income, family size and the fact that I have not owned interest in real property for 3 years, was approved.
Today, more than 30 days after closing, and nearly 30 days after the mortgage and deed were recorded, I got a phone call (the umpteenth from the mortgage broker, who keeps “losing” documents) telling me that the lender (they’re a correspondent lender) has pulled the loan from them for “fraud” because I did own property. They’ve offered me a new loan, or foreclosure as alternatives.
I submitted everything that the underwriter wanted, and nothing was misleading or false. But when I spoke the broker, he said we’d “keep it between us”. The problem I have is that the state financing was $10,000 (silent mortgage), and I don’t believe the house is capable of appraising it’s first mortgage plus this extra cost. Additionally, my debt ratio is a lot higher now. I didn’t expect this to happen, and I bought furniture and a car, etc. (necessary things when moving) so now I may not even qualify.

Can anyone tell me if I have any legal rights in this issue, or do I have to go back to the correspondent lender who wants me to start all over again with a new loan? Please help!
Apparently, you were owner of a home in 2004, and the new loan closed around June of 2005.

I am no longer able to assist you in your questions.
 
Last edited:
In reading your posts, Stella, I'm inclined to believe that you DID commit mortgage fraud. You owned property in 2004.



edited to add:

Apparently, you were owner of a home in 2004, and the new loan closed around June of 2005.

I am no longer able to assist you in your questions.

Two things:

1. That home was not in my name.

2. This question is another issue.

3. This is the most USELESS WEBSITE I HAVE EVER BEEN TO. YOU HAVE TO POST YOUR STUFF REPEATEDLY IN ORDER FOR THESE "LAWYERS" TO UNDERSTAND WHAT YOU ARE TRYING TO GET THEM TO ANSWER YOU.

4. I asked a very simple question. No answers, as usual.
 

moburkes

Senior Member
That home was not in your name, but your post talks about it being your home. How could you list someone else's home with an agent?:confused:

I'm not a "lawyer".:D
 

lcannister

Senior Member
3. This is the most USELESS WEBSITE I HAVE EVER BEEN TO. YOU HAVE TO POST YOUR STUFF REPEATEDLY IN ORDER FOR THESE "LAWYERS" TO UNDERSTAND WHAT YOU ARE TRYING TO GET THEM TO ANSWER YOU.
No the problem is you want us to say what you want to hear. Whose name was the loan in and whose name was on the title to, I am quoting you here, my original home?

I suspect you knew exactly what you were doing and it did not take much else except the broker bringing it up.

SO did you or did you not have any interest (mortgage or deed/title) in YOUR "original home"?

PS what does your Atty say about all this after all he/she has ALL the paperwork to view. 17 year old daughter in law, shakes head.
 
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