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  1. #1
    Deannad Guest

    Post

    The legal property description is incorrect on all our mortgage documents , including security deed. The correct description is on the contract we signed with intent to purchase,on our loan application & on the map survey, and on the homesteaders tax exemption we filed.
    We have had our mortgage since 1996.
    The mortgage co. wont respond to my requests to look into this. Our mortgage was sold to another lender after 6 months and they wont help either.
    What can I do?

  2. #2
    HomeGuru1 Guest
    So what is the problem?
  3. #3
    Deannad Guest

    Question

    isnt the legal description {ex. lot 5 section 8 etc] important? if the deed isnt correct how could we ever resell if it doesnt match the platte survey or tax records?
    also the lender that took over our loan havent ever recorded their lien at the courthouse, on the homestead exemption form it says thier is no lien.
  4. #4
    HomeGuru1 Guest
    I am a bit confused and are you sure you got your facts straight? The full and true legal description of the property generally is not written in the purchase contract, mortgage loan application and homesteaders exemption form but rather on the survey map and the deed. The legal description that I am referring to is the description of the property that is used for recording purposes. This description not only includes the lot tax key (lot, parcel, section, plat etc.) but what is known as a "metes and bounds" description from the surveyor and title company.
    You need to go back to the title company that the escrow/title company used (and I hope that you used an escrow company) and demand that the documents be corrected to reflect the correct legal description of the property. Something is wrong here because in order for the title company to issue title insurance, the legal description and deed must be reviewed by a real estate attorney. Do you have title insurance?
    Once the title legal description is cleared up, you should then go to the current lender to advise them of the situation.
  5. #5
    Deannad Guest
    in our papers the property is referred to" as the following described property [see exhibit A], " Exhibit A contains the district , LL etc. and only refers to the medes and bounds description by the plat book reference # it is recorded in.

    Does the mortgage co have a legal note on this property without having the correct legal description on anything. ?

    There was a law firm that handled the closing and it says in one of the papers signed at closing that we understand they represent the lender.
    There was a charge at closing for a title search but I dont have anything stating its a title insurance policy.
    there are alot of problems with the whole contract that we didnt catch when we signed. We had never purchased a home before and just happily signed away. Big mistake.
    For example the home failed termite inspection and now it has major problems.

    The taxes were incorrectly estimated and now our payment
    has increased 100 plus amonth even though taxes have actually decreased.
    The home was built in 1953 and on the disclosure the seller wrote 1973.
    we never received a copy of the note security deed etc thats signed by anyone.
    its a va loan and our respa paper says that there is a 60 day period where the lender has to resolve or respond to any problem we have with the mortgage and during that time we have agrace period of no payment or late fees.

    they went ahead and started foreclosure and never responded to my inquiries.
    I dont know what kind of attorney to get or if getting one would do any good at this point.
  6. #6
    HomeGuru1 Guest
    You need to hire a real estate attorney right away. Start looking today.
  7. #7
    Anna Alb is offline Junior Member
    Join Date
    Apr 2012
    Posts
    4

    Lender Failed to Attach Legal Description

    I live in Georgia and recently, my lender filed a Complaint asking the court to allow them to correct a "scrivener's error." Apparently, they failed to attach the legal description with the Security Deed when it was filed back 2003. Now, they want to correct that problem. I am in the middle of trying to get a loan modification from them as I am delinquent,and I think that they are doing this so that they won't have problems later if they want to foreclose. My questions are: Do they have a legal right to go back now and correct this error?
    Can I object and if so, on what basis?
    Is there some kinda of statute of limitations here in Georgia that would preclude them from doing this?

    I appreciate all the help you can give me.

    Thanks!
  8. #8
    Zigner is offline Senior Member
    Join Date
    Jan 2005
    Location
    California
    Posts
    54,053
    Quote Originally Posted by Anna Alb View Post
    I live in Georgia and recently, my lender filed a Complaint asking the court to allow them to correct a "scrivener's error." Apparently, they failed to attach the legal description with the Security Deed when it was filed back 2003. Now, they want to correct that problem. I am in the middle of trying to get a loan modification from them as I am delinquent,and I think that they are doing this so that they won't have problems later if they want to foreclose. My questions are: Do they have a legal right to go back now and correct this error?
    Can I object and if so, on what basis?
    Is there some kinda of statute of limitations here in Georgia that would preclude them from doing this?

    I appreciate all the help you can give me.

    Thanks!
    You already posted this question in your own thread. Please don't hijack/necropost on long dead threads.
  9. #9
    HomeGuru is offline Senior Member
    Join Date
    May 2000
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    Catatonic State
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    81,916
    Quote Originally Posted by Zigner View Post
    You already posted this question in your own thread. Please don't hijack/necropost on long dead threads.
    **A: yeah old thread from 2000; way back when.

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