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Loan documents requirements

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Andrea Beasley

Active Member
What is the name of your state? Indiana
Do mortgage documents follow a certain protocol or rule to be accepted as legitimate? I signed a security instrument and promissory note at closing on a mortgage I believed was prepared for both my ex husband and myself as co borrowers. Several years later im given a copy that only bears my ex husband's name as borrower on the first page and as the borrower identified and acknowledged by the notary. My name is not typed in or mentioned at all. The signature line that originally indicated my typed name and where I signed has been removed and a blank space is left. Do names of both borrowers normally appear to identify the parties executing the mortgage? If his name is typed in as borrower only does that mean the mortgage is only for him?
 


adjusterjack

Senior Member
Do mortgage documents follow a certain protocol or rule to be accepted as legitimate?
Yes.

I signed a security instrument and promissory note at closing on a mortgage I believed was prepared for both my ex husband and myself as co borrowers.
Believed?

Did you not keep a copy of what you signed?

Several years later im given a copy that only bears my ex husband's name as borrower on the first page and as the borrower identified and acknowledged by the notary. My name is not typed in or mentioned at all. The signature line that originally indicated my typed name and where I signed has been removed and a blank space is left. Do names of both borrowers normally appear to identify the parties executing the mortgage? If his name is typed in as borrower only does that mean the mortgage is only for him?
Possibly.

You'll want to check your county recorder for the recorded documents.

This could explain why your credit report didn't show the loan for 4 years.

https://forum.freeadvice.com/threads/credit-reporting.658935/#post-3689894

Though why you separated the two questions is beyond me. If you have any more questions don't open any more threads. Just pick one of these and stick with it.
 

Andrea Beasley

Active Member
Yes.



Believed?

Did you not keep a copy of what you signed?



Possibly.

You'll want to check your county recorder for the recorded documents.

This could explain why your credit report didn't show the loan for 4 years.

https://forum.freeadvice.com/threads/credit-reporting.658935/#post-3689894

Though why you separated the two questions is beyond me. If you have any more questions don't open any more threads. Just pick one of these and stick with it.
What is the name of your state? Indiana
Do mortgage documents follow a certain protocol or rule to be accepted as legitimate? I signed a security instrument and promissory note at closing on a mortgage I believed was prepared for both my ex husband and myself as co borrowers. Several years later im given a copy that only bears my ex husband's name as borrower on the first page and as the borrower identified and acknowledged by the notary. My name is not typed in or mentioned at all. The signature line that originally indicated my typed name and where I signed has been removed and a blank space is left. Do names of both borrowers normally appear to identify the parties executing the mortgage? If his name is typed in as borrower only does that mean the mortgage is only for him?
 

Andrea Beasley

Active Member
Yes.



Believed?

Did you not keep a copy of what you signed?



Possibly.

You'll want to check your county recorder for the recorded documents.

This could explain why your credit report didn't show the loan for 4 years.

https://forum.freeadvice.com/threads/credit-reporting.658935/#post-3689894

Though why you separated the two questions is beyond me. If you have any more questions don't open any more threads. Just pick one of these and stick with it.
My ex husband has the copies and all documents from closing the loan. We divorced 6 months after and he kept everything. Yes I say believed because we applied for and anticipated and understood to be a mortgage in both of our names. I had no reason to believe anything had changed after signing. I had no knowledge until 2017 when a copy from the lender revealed my name was removed from security instrument but left on the note. The lender insists I had not ever been a co borrower or co owner.
 

Andrea Beasley

Active Member
Yes.



Believed?

Did you not keep a copy of what you signed?



Possibly.

You'll want to check your county recorder for the recorded documents.

This could explain why your credit report didn't show the loan for 4 years.

https://forum.freeadvice.com/threads/credit-reporting.658935/#post-3689894

Though why you separated the two questions is beyond me. If you have any more questions don't open any more threads. Just pick one of these and stick with it.
In my mind I believed the questions were of different categories. But im new to this site. Would the payment history be reported the same if I were a co signor? If for example I was a non related non occupant non titled friend that signed the note, verses a spouse as a co borrower, would any difference be discernable in the way the account listed activity?
 

adjusterjack

Senior Member
All the more reason for you to check the county records for the recorded documents (deed, mortgage, promissory not, etc).

Are you still living in the house? Are payments being made? Does your credit report show the loan in default? Has there been a foreclosure?

Come back to this thread when you have copies of the recorded documents (preferably several sets of certified copies).

As a co-signer you would only be a guarantor and not a borrower so it wouldn't likely have been reported unless there was a default and you were upgraded to responsible party.
 

Just Blue

Senior Member
In my mind I believed the questions were of different categories. But im new to this site. Would the payment history be reported the same if I were a co signor? If for example I was a non related non occupant non titled friend that signed the note, verses a spouse as a co borrower, would any difference be discernable in the way the account listed activity?
By posting different threads for different questions on the same topic you are posting just portions of the situation on the threads. As a result the volunteers have to jump from thread to thread to try and figure out what is going on. It is easier and more effective to keep all question on the same subject on one thread.
 

Andrea Beasley

Active Member
By posting different threads for different questions on the same topic you are posting just portions of the situation on the threads. As a result the volunteers have to jump from thread to thread to try and figure out what is going on. It is easier and more effective to keep all question on the same subject on one thread.
Thank you for the clarification. I have copies and I have seen the recorded mortgage and deed kept in the county office. I also have seen the copies my ex husband has from closing of the loan application ,security instrument promissory note, early disclosure statements,and letters from the loan officer addressed to both of us regarding the closing process. Many pieces of evidence that confirm I was a co borrower, but the lenders copy that was recorded by the county and kept in the file is missing my name printed and signed. In neither version however am I identified as borrower or acknowledged by the notary.
 

Zigner

Senior Member, Non-Attorney
What is your actual concern? Can you distill it down to one or two succinct questions?
 

Andrea Beasley

Active Member
All the more reason for you to check the county records for the recorded documents (deed, mortgage, promissory not, etc).

Are you still living in the house? Are payments being made? Does your credit report show the loan in default? Has there been a foreclosure?

Come back to this thread when you have copies of the recorded documents (preferably several sets of certified copies).

As a co-signer you would only be a guarantor and not a borrower so it wouldn't likely have been reported unless there was a default and you were upgraded to responsible party.
That's a big lightbulb ! I hadn't thought about that but it is when my ex husband defaulted so it makes sense that as you said my status and responsibility became focused. But are you saying that guarantors don't normally have the payments history recorded like a co borrower? And isn't it true that another difference between the two roles is the criteria for qualification? Better score higher income and such? It seems odd to me that I would have bypassed the wife co borrower role even if I had superior means which I certainly did not
 

Andrea Beasley

Active Member
My concern is that I've been stuck in the hook for a judgement by a foreclosure I could not have ever refinanced because I didn't own it. I've been suckered
Had I known I would have taken what action I could to defend myself from foreclosure and move forward with life in 2013 instead of spinning my wheels covering the payments for his house. That and the lender deceived me by telling me I had to do things that a co borrower does like insurance taxes upkeep etc. Im not even sure why I got the default status letters that told of government help. That would not apply to a guarantor.
 

Just Blue

Senior Member
Please clarify for me:
What was the court order for the marital home in the divorce decree? ie...Who was awarded the home? Was there a court order for the mtg to be refinanced in the name of the party who was awarded the marital home?
 

quincy

Senior Member
Welcome back, Andrea. After you deleted three threads last night, I wasn’t sure if you would return to post your question again.

For others, a quick summary of what you said to LdiJ and me last night:

You divorced in 2009 and your ex kept the house but he stopped paying on it in 2013 and abandoned it. The lender pursued you for payments and you paid on the house for 4 years, trying to refinance but being told you couldn’t because you did not own the house.

The house was foreclosed on in 2019 and sold at auction for $17,000. The balance on the mortgage loan was $64,000. The judgment against you is for $120,000.
 

Andrea Beasley

Active Member
All the more reason for you to check the county records for the recorded documents (deed, mortgage, promissory not, etc).

Are you still living in the house? Are payments being made? Does your credit report show the loan in default? Has there been a foreclosure?

Come back to this thread when you have copies of the recorded documents (preferably several sets of certified copies).

As a co-signer you would only be a guarantor and not a borrower so it wouldn't likely have been reported unless there was a default and you were upgraded to responsible party.
The house was sold at sheriff sale for 17,000 after foreclosure last year. I wasted plenty of time and money to keep that from happening before the lender dropped the bombshell on me. I cut my losses at that point and a judgement for 121,000 is the result. Ruined a decade of my life so far and I won't recover mentally or financially..
 

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