HOME LAW INSURANCE

Search      

Go Back   FreeAdvice Legal Forum > REAL ESTATE LAW > Mortgages, Refinancing & Foreclosure
Register FAQ Members List Calendar Search Today's Posts Mark Forums Read



               


Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 01-08-2008, 11:41 AM
Junior Member
 
Join Date: Jan 2008
Posts: 1

This has ugly all over it.


What is the name of your state? Washington DC

In 2006 I offered to help a coworker out of a jam. She lived in DC in a townhouse owned by her mother. Her mother had fallen behind in the mortgage payments and was about to be foreclosed on. My coworker wanted to buy the property but due to bail out restrictions she was not allowed to purchase it from her mother. I offered to buy the property and then in turn sell it back to my coworker. I have my own home in Maryland with a 1st and
2nd on it. At the time I wasn't even sure if I would qualify for another mortgage due to my debt to income ratio.

My coworker found a mortgage broker who was able to get a loan for me. Here is the first ugly part. The appraisal came in at $245k. The amount owed on the property was $60k. The loan was for $180k. I was told that this was the only way they could get the loan approved and that the seller (my coworker's mother) would give her daughter the downpayment to buy it back from me from the proceeds. Further she would agree to make the payments on the mortgage until it was sold back to her daughter. The house was old and in very poor condition. I couldn't believe it appraised at that much. Are smelling scam here yet?

With some reluctance I agreed to the deal placing my trust in my coworker that she would hold up her end. The loan terms are atrocious but as I had no intention of keeping the property for more than two months I signed them.

Two weeks after we settled my coworker split to North Carolina with her kids and I haven't heard from her since.

I listed the property with a realtor but was unable to sell it. Due to it's poor condition, location and the market downturn it will not bring anywhere what is owed on it.

To her credit, the mother has made every payment and paid the taxes on it to date. But she has informed me that she will not continue to do that into 2008. Why should she?

When I reviewed the paperwork I signed so quickly I noticed that the loan and the deed were written as if this would be my primary residence. This is fraud and since I signed I am complicit.

The property has been vacant for almost two years. It needs to be gutted. I cannot sell it, I cannot make the payments. I have looked into short sale and will probably not get enough for it for the lender to accept the sale.

My realtor has suggested that I consider bankruptcy. I don't want to do that.

I need to know what other options there might be. I have heard of a Deed in Lieu of Foreclosure. Could I do that?

Do I have a case for predatory lending or fraud?

Please don't tell me how stupid I have been. I am quite capable of beating myself up over this and have been doing just that since the whole deal fell through.

Last edited by suzweb; 01-08-2008 at 12:16 PM.
Reply With Quote
  #2  
Old 01-08-2008, 12:29 PM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 71,193
Quote:
Originally Posted by suzweb View Post
What is the name of your state? Washington DC

In 2006 I offered to help a coworker out of a jam. She lived in DC in a townhouse owned by her mother. Her mother had fallen behind in the mortgage payments and was about to be foreclosed on. My coworker wanted to buy the property but due to bail out restrictions she was not allowed to purchase it from her mother. I offered to buy the property and then in turn sell it back to my coworker. I have my own home in Maryland with a 1st and
2nd on it. At the time I wasn't even sure if I would qualify for another mortgage due to my debt to income ratio.

My coworker found a mortgage broker who was able to get a loan for me. Here is the first ugly part. The appraisal came in at $245k. The amount owed on the property was $60k. The loan was for $180k. I was told that this was the only way they could get the loan approved and that the seller (my coworker's mother) would give her daughter the downpayment to buy it back from me from the proceeds. Further she would agree to make the payments on the mortgage until it was sold back to her daughter. The house was old and in very poor condition. I couldn't believe it appraised at that much. Are smelling scam here yet?

With some reluctance I agreed to the deal placing my trust in my coworker that she would hold up her end. The loan terms are atrocious but as I had no intention of keeping the property for more than two months I signed them.

Two weeks after we settled my coworker split to North Carolina with her kids and I haven't heard from her since.

I listed the property with a realtor but was unable to sell it. Due to it's poor condition, location and the market downturn it will not bring anywhere what is owed on it.

To her credit, the mother has made every payment and paid the taxes on it to date. But she has informed me that she will not continue to do that into 2008. Why should she?

When I reviewed the paperwork I signed so quickly I noticed that the loan and the deed were written as if this would be my primary residence. This is fraud and since I signed I am complicit.

The property has been vacant for almost two years. It needs to be gutted. I cannot sell it, I cannot make the payments. I have looked into short sale and will probably not get enough for it for the lender to accept the sale.

My realtor has suggested that I consider bankruptcy. I don't want to do that.

I need to know what other options there might be. I have heard of a Deed in Lieu of Foreclosure. Could I do that?

Do I have a case for predatory lending or fraud?

Please don't tell me how stupid I have been. I am quite capable of beating myself up over this and have been doing just that since the whole deal fell through.
**A: hire an attorney like yesterday. The lender needs to be contacted like yesterday.
Reply With Quote
  #3  
Old 01-08-2008, 12:38 PM
Senior Member
 
Join Date: Feb 2007
Posts: 4,970
I'm cornfused. Where did the other $120K go?
Reply With Quote
  #4  
Old 01-08-2008, 12:44 PM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 71,193
Quote:
Originally Posted by FlyingRon View Post
I'm cornfused. Where did the other $120K go?
**A: we all know.
Reply With Quote
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



Find a Lawyer
Step 1:
Step 2:
 
Find a Lawyer
Post Your Case
Post your case and have it reviewed by a highly respected attorney. NO Cost, NO obligation, NO Fees! Get started now »
Get Legal Forms
Download 36,000+ forms »


All times are GMT -5. The time now is 02:48 PM.

Contact Us - FreeAdvice - Archive - Privacy Statement - Top                                        


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.