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Third co-borrower has disappeared, what now?

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RosiePosie

Junior Member
What is the name of your state? California (Tulare County)

First, I would just like to thank you for taking the time to read this. My family and I are suffering terribly because we are slipping through the cracks of the very laws that were set forth to protect us and time is of the most extreme essence for us.

I realize that your time is extremely valuable, so I'll summarize as best and as briefly as I can.

My father is a co-borrower on our mortgage. We invited him into our home to love and care for him when he suffered two heart attacks back to back and nearly died. While his wife (my mother) at the time (who has since passed away) merely looked on, leaving my son to call 911 for help then later left him while he was hospitalized. My father was so devasted by this he began going into a depression because she took nearly everything he had and then pressed charges for domestic violence. He was arrested, I put up the bond, and then the charges were immediately exonerated. Wanting nothing more than to have my dad recover and be healthy and active again, my fiance and I thought it might cheer him up to be a co-owner on our property and live in the second house that is on it.

Five short months later, my father up and ran out on us. Literally leaving my youngest child running down the road after him screaming and crying for him to come back. Shortly after this we came to discover that he had the mortgage company cut him a check out of our construction loan claiming it to be for fencing materials, causing us to be in default of our terms with them. On top of that he left behind a mass of bills that I have since been held responsible for, including the bond that he still had to pay back, and now with great devastation we are losing our only home.

I've exhausted every resource I can think of to try and locate him and he's nowhere to be found, only traces here and there, to try and get a quitclaim signed.

Recently, I've also discovered fraudulent activity on my credit report that based on the information I have thus far, I believe to be my father. We've already received a letter of intent to foreclose (2 days ago) - I'm terrified and devastated. For less than $6,000 they are going to take my home at the begining of August. We're not even a full 2 months behind on our mortgage (which was $1,316 but just in the last few weeks they suddenly and with no warning raised it to over $1,600)!

We have contacted our mortgage company quite a few times, alerting them of our situation, and somehow work something out but they refuse, they merely chuckle and tell us to get a lawyer or else we're "screwed". Since taking off on us, we're no longer able to afford much of anything, let alone a lawyer. Why should they help us though? We got a total bargain on our dream home (soon to be their bargain), paid $120,000 and it's worth more than three times that. Of course after purchasing our home we were quick to learn our mortgage company is shady to say the least.

The electric company shut off our electricity claiming that we are not new homeowners but rather the previous homeowner "pulling another one of his scams" despite our repeated efforts to submit documentation proving else wise. We sit in our baking house in 110 degree temps managing to use a generator at intervals.

We are good honest people, my fiance works full time as a framer and I am self-employed (due to having a disabled child). We aren't on welfare or accept any other kind of aid, let alone abusing any other form of government aid. In fact, they refuse to even help us because I have to many liquidable assets and a considerable amount of equity in my home, regardless that I can't even touch it.

I just can't believe that there isn't a law out there that protects people like me. Any and all help is much appreciated.
 


pojo2

Senior Member
and tell us to get a lawyer or else we're "screwed".

They are right! Find a way to get the Atty or lose the home. Or skip the fee associated with the Atty and find a new place to live!

slipping through the cracks of the very laws that were set forth to protect us

I do not understand what laws you think will cover mistakes YOU made on all this.

How were you held responsible for his debts?
 

danno6925

Member
Bad mistake

Never allow someone into a business contract situation because "it will be fun". The only reason for a business is money. Fun is a secondary effect. You should NEVER have put him in position to screw you this way. Here's what I know about getting back on your feet:

1. Alert all credit beareaus (sp?) that there has been fraudulent activity on your account.

2. File a police report for theft by deception and make daddy dearest a wanted man in the eyes of the law. Police officers are often better at finding people than you

3. Liquidate whatever assets you have and get the money to pay up on the mortgage. The 1,600 was probably late fees - read your statements carefully!

4. Get a lawyer - Pojo is right. You are about to get screwed with a capital S.
 

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