Title Issue then new loan denied & foreclosure

[AirAnn]

What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state?

HOUSTON, TEXAS

To AVOID foreclosure –
I completed an 8 month forbearance program and I was granted a new loan. Before the paperwork was signed I found a title problem. I reported it and they suddenly denied my new loan for the ‘title issue’.

I found out that the title error was caused by the title company. They did not record and then lost a Grant Deed of August 25, 2000. This deed transferred all ownership to me and not 50%.

I have filed Chapter 13 to stop the foreclosure. I told the title company their error has caused a denied loan & forced me into bankruptcy. The title company did an abstract & has noted their error. They agreed to my request to contact the mortgage company to reverse the loan denial decision. They said have the mortgage company call them.

After the above conversation with the title company they sent a replacement deed by FedEx but it can’t be completed because there are errors on IT.

A Real Estate attorney first advised a restraining order cost $3500. Next option was Chapter 13, $694. Since the Ch 13 was picked I was passed on to another attorney there. He has ignored me & my idea of the title companies aid in having the mortgage company reverse their decision thus AVOIDING the Chapter 13.

The chapter 13 was filed & now fast approaching the creditors meeting. I have asked the attorney to get the creditors meeting delayed. I need more time to deal with title/mortgage company (by myself).

What is there to do?
I am getting irritated about all this, what about damages?
Can this foreclosure got forth with only my 50% ownership?

What is this about--
On the Notice of Trustee Sale they refer to a Deed of Trust dated August 25, 2000. There isn’t one. The only thing on that date is the Grant Deed that was never recorded & then lost.

I have been to the court house & their satellite offices 5 times. I have a copy of the Gen Warranty deed it shows my 50%. I have asked all parties involved if they are SURE my ownership is 50%. Yes they are SURE.

*I found a copy only of the Grant Deed that nobody else seems to have & it is not recorded nor can anyone find it.

Your thoughts are appreciated.

After the above conversation with the title company they sent a replacement deed by FedEx but it can’t be completed because there are errors on IT.

Ask the title company to send you a correct deed to get signed.

Also, do you have an owner's title policy? If so, file a claim with the title company. Will it work? I don't know; try it.

[AirAnn]

I dont have borrowers title insurance. (I do not see it written.)

For a corrected deed I never heard back from title company.
So, I typed a new one myself correcting the address.

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I went to the creditors meeting and was asked why I was there. (standard question) I told her ... To avoid foreclosure, ...forbearance program... new loan was granted...later denied for 'title issues'....foreclosure, again.

The judge asked ' ? law suit? will there be one? I said I didnt know.

The attorney I had never seen before appeared mad & said -'..talk about that at the office'. I did just that Five times. I chose them because of Real Estate Law / foreclosures.

All I have ever wanted was for the title company to (1) find their error (2)claim responsibility (3) and to help getting my loan denial reversed.

The title company did 2 out of the above in writting. Regarding help with the loan people: they told me to have loan people call them. The loan people say.. Sorry you are in foreclosure.

I have obtained a new deed that is completed. Of course this is way too late to get out of this mess. If I file it today will it release [somebody] from responsibility in a future lawsuit? I dont know even know what a lawsuit be... except to fix everything.

I asked the title company months ago when the new deed is filed would the date of ownership be August 2000 or as of the date filed. Said: Aug 2000. I see nothing written on this deed as ownership 'as of date'.