22 months no payment, yet no foreclosure?

I am wondering which of you great minded people can help with this.

It is amazing. What do you think if someone did not pay a mortgage payment for approx 22 months. The MC had sent them a bill with what they claimed was owed. The "homwowner'" sent a dispute demanding documents to the actual charges and signatures as to where such charges were agreed to. approx. 90 days later they were sent a copy of the mortgage only, no explanation of the actual charges or proof of these charges, which the actual servicing company was now asseing.

For the next 12-18 months all they recieved were wierd calls and letters asking for them to make an agreement to catch things up, and one time they were sent just a FLYER promoting how homeowners "hand over thier keys" and get to stay in their home. that was like 5-7 months ago.

It now turns out that they have filed a court action for REFORMATION to force the "homeowners" to FIX THE TITLE, which there seems to be a description problem, which was actually a quitclaim deed. they are also dragging the old owners into court to force them to DESCRIBE the parcel of land they sold as well out his marital status at the time on record to help them verify the actual deed. The old owners have or had ANYTHING to do with the entire loan, yet they are forcing them to HELP THEM?

This should have been noticed by the title company is what I am thinking and is one of the reasons for TITLE INSURANCE.

The homeowners had NO IDEA there was a problem until they learned of them trying to force the old owners to come down and sign some papers. They REFUSED to even return their calls.

There also seems to be an issue with the mortgage docs as to if the homeowners stated marital status.

They never changed thier status anywhere and are married and never claimed otherwise.

If they could have foreclosed then WHY havent they? 22 months NO PAYMENT! Does anyone smell somthing odd here?

All info will be greatly appreciated... :wink:

[Judge Roy Bean]

What state are they in?

I'll bet the title company is in panic mode.

The Honorable Judge Roy Bean
http://www.loansharks.blogspot.com

Hello Judge Bean...

They are in NH...Do you have any ideas as to what they may do...They have to file for an apperence by July 5, and what is even odder, they have to enter a "PLEA" by Aug, 5...

I thought you enter PLEAS in criminal trials, not civil.

ALL help is appreciated..

I will say though. I have read MANY threads hoping someone might have been in this position before or at least know of it but so far not.

However, I notice all of these companies telling everyone how THEY can help on this board, as well as lots of "how to" advice for situations but I have found NO SUCCESS STORIES posted ANYWERE.

I thought for sure with all of these LEGAL minded folks, this should be REAL EASY to help someone with..but yet over 75 views and only 1 person even responded and it seems to be the one person that gets picked on the most for NOT claiming any HOW TO'S, to BEAT the MC'S.

I and they thank EVERYONE in advance for any GOOD and REAL advice they can give me to help them.... I am not a lawyer, I just play one in my mind.. ;)

[seeker]

This is a little beyond my scope,

But -- I just looked up REFORMATION in Black's fifth -- if you have not -- do it now! Your answer is RIGHT THERE in black and white. There was a MISTAKE in the Contract and they are trying to get you to agree and correct! READ it-- Black's fifth -- "REFORMATION means doing over to bring about a better result, corection or rectification." Tuel v. Gladden, 234, OR. 1, 379 etc.
They are admitting they screwed up -- obviously the title -- and they are trying to get you to 'fix it' or "bring a better result" -- just say no! Do not go into there sandbox and play!

If you answer at all, it seems, from a common sense approach, that filing for a Special Appearance and declining to enter a plea in lieu of a "more definite statement" and do a little demanding of proof of WHAT they are trying to claim here and what part they expect you, the flesh and blood to play in their theatrics.

It sounds like they are on a fishing expedition -- trying to get you to agree they have a case -- trying to get you to testify against yourself -- all the tricks Debt Attorneys try -- they are the same animal, after all. Petition for dismissal, ask that they show cause, do a negative averment affidavit, state that all administrative remedies have not been eshausted as theydid not respond to your demand for documentation that was made. How about an Affidavit of Facts/Truth stating that the title is correct as it stands;that kind of stuff.

I bet David has a few things to say on this. RESEARCH!
Just my unprofessional opinion of a strating point, not legal advice by any means!

Seeker

Thank you Seeker,

I will be pulling out the blacks very shortly...

They filed suit for "PETITION FOR REFORMATION AND TO QUIET TITLE".

It does describe what they are looking to do. They want the title to reflect the actual description of the property which is recorded correctly to the previous owner.

Now I am no rocket scientist but from the legal definition as to TITLE SEARCH, it is to check for DEFECTS and to assure accuratecy. Shouldn't this be title search 101? If they didnt at least search to the two 2 ownership records, which SHOWS the DEFECT then WHAT did they search and why did the "homeowners" pay for it for then? Also what is the PURPOSE of title insurance which the homeowners pay for then?

What is the most shocking is the fact that they are also SUING the old owners in the same suit to force them to DESCRIBE the parcel and to state their marital status at the time.

These people made NO contract with the mortgage company, they never recieved ONE CENT or benefit as a result of this mortgage. They are also NOT willing to HELP the mortgage company. Which of course is why they are now SUING THEM as well.

I again thank all of you for the help...KEEP IT COMING! :grin:

[Judge Roy Bean]

Originally Posted by sour grapes

Hello Judge Bean...

They are in NH...Do you have any ideas as to what they may do...They have to file for an apperence by July 5, and what is even odder, they have to enter a "PLEA" by Aug, 5...

I thought you enter PLEAS in criminal trials, not civil.

ALL help is appreciated..

I will say though. I have read MANY threads hoping someone might have been in this position before or at least know of it but so far not.

However, I notice all of these companies telling everyone how THEY can help on this board, as well as lots of "how to" advice for situations but I have found NO SUCCESS STORIES posted ANYWERE.

I thought for sure with all of these LEGAL minded folks, this should be REAL EASY to help someone with..but yet over 75 views and only 1 person even responded and it seems to be the one person that gets picked on the most for NOT claiming any HOW TO'S, to BEAT the MC'S.

I and they thank EVERYONE in advance for any GOOD and REAL advice they can give me to help them.... I am not a lawyer, I just play one in my mind.. ;)

I think you'll find the court is simply laying out the schedule/deadlines for appearances and the filing of pleas.

This is not legal advice, but I would think you're a highly-interested observer in a battle over an error made by the title company(s) who handled your closing. You may find you have little or no influence on the outcome.

In many of these cases where a title cannot be perfected, the judge will try to restore the situation such that everyone is back to the same place they started before the deal was consummated and let the parties work out a mediated settlement. (Less than 1% of cases ever actually get to the trial stage.)

You really, really need an attorney - everyone else in the case will have one and none of them have anything but their own client's interests at heart. They will not hesitate to pull the wool over your eyes in order to recover anything they can - and guess what: The only thing of real value is the property.

I can guarantee one thing, though, judges are loathe to let people live in homes without paying anything - particularly the property taxes and insurance that the lender/servicer advanced (if they did - which could be a whole 'nother matter!).

And a lot of it depends on the loan servicer you're dealing with. Some are more ethical than others. Mind telling us who the players are?

Suggestions:
http://www.larcnh.org/Home/PublicWeb
http://www.mortgagereform.org

This is not legal advice, but I would think you're a highly-interested observer in a battle over an error made by the title company(s) who handled your closing. You may find you have little or no influence on the outcome.

Well to be honest, this does not sound like advice, it sounds like an introduction to SURRENDER...

In many of these cases where a title cannot be perfected, the judge will try to restore the situation such that everyone is back to the same place they started before the deal was consummated and let the parties work out a mediated settlement. (Less than 1% of cases ever actually get to the trial stage.)

before the deal was consummated...So if we go back to before the deal was made, THEN THERE IS NO DEAL...It should also be mentioned that over 5,000 was held in escrow by the title insurance company, who has for more then 4 years REFUSED to release it according to the terms in which it was being held. The mortgage company REFUSED to force them or take ANY action, and their claim was we have NO KNowledge OF IT, not our problem.


You really, really need an attorney - everyone else in the case will have one and none of them have anything but their own client's interests at heart. They will not hesitate to pull the wool over your eyes in order to recover anything they can - and guess what: The only thing of real value is the property.

You said it PERFECTLY...everyone else in the case will have one and none of them have anything but their own client's interests at heart.

This is because NONE of them care about what is RIGHT or WRONG, instead ONLY what they can ACCOMPLISH for the one paying them...It is ONLY BUSINESS!....So I find it REDICULOUS for a JUDGE, Lawyer or the COMPANY to take ANY MORAL or ETHICAL GROUND..
Out "judge" have NO HONOUR and their BLACK robes signafies that fact. They are too busy making SIDE DEALS on the golf courses and in their chambers. The FEW and I mean FEW that are HONOURABLE, do NOT get the REAL cases or are gotten rid of.

I can guarantee one thing, though, judges are loathe to let people live in homes without paying anything - particularly the property taxes and insurance that the lender/servicer advanced (if they did - which could be a whole 'nother matter!).

Do judges also LOATHE mortgage companies that continuously withdraw the mortgage payments more then once a month, forcing the homeowner to make them give it back, do they loathe MC that call and harrass them because the automatic (electronic) monthly payment falls on a weekend causing the payment to be considered "late" and then threatning FORCLOSURE because they BREACHED the contract, or the same type of calls when they take it out in the morning, and by the afternoon or evening they start the TREATNING calls again.

Or when they call and commplain to the MC they are told TOO BAD, letters are not answered or even addressed?

It is AMAZING how judges, lawyers, corps and poloticians LOATHE ANYTHING! They ROB, CHEAT and LIE at EVERY ANGLE and when the little peaons try and get a little back or oplay them at their own game. WE are LOATHED UPON... :-x

And a lot of it depends on the loan servicer you're dealing with. Some are more ethical than others.

I love how you say more ethical...Notice how these monsters do not have actually BE ETHICAL and still be protected.

Mind telling us who the players are?

I would rather not mention the players names for the simple reason that I am more than aware there are "people" who come to this board and others like them to dig out who is doing what or intends to do what to "THEIR BUDDIES" the mortgage companies, banks, and other lenders.

I was born in the morning, but NOT this morning... :wink:

Suggestions:
http://www.larcnh.org/Home/PublicWeb
http://www.mortgagereform.org[/quote]


I would like to pose this question. What right do they have to SUE the old owners? Also, could the old owners now make CLAIM to the property seeing that it was NOT transferred correctly?
The title company found no need to infrom the owners of the potential risk once they paid it off and tried to SELL IT....

With all do respect Judge bean...I see BIAS all over your "NON ADVICE"....

It is amazing that you do not see the wrongs of the MC's and other lenders but you DO SEE the wrongs or misunderstanding of the PEONS....

I still do thank you for responding and feel free to keep on....

[Leiahi]

HOw about that? You move the account closed etc. with your final statement of account. My 2 cents.

[seeker]

"You really, really need an attorney - everyone else in the case will have one and none of them have anything but their own client's interests at heart."


What the hell planet are YOU from? "Have their CLIENT"S interests at HEART?" WHAT???????????????????????

Have the COURT's interest at heart, and their own, and then the bank (money) and then, maybe, just maybe if they have enough gumption left, they will look to their CLIENT's interest.

Get real. You gotta be BB.

JMAO

Seeker

Originally Posted by Leiahi

HOw about that? You move the account closed etc. with your final statement of account. My 2 cents.

WHAT? Are you saying they should JUST MOVE out and hand it to them?

If so, then I have NO idea why you would be at a board like this. And NO I will NOT tell them they should just "Move out"...

They PAID FOR title insurance and the title company screwed up, why is it ok for them to get away with the very thing they are PAID TO PROVIDE.

They were paid for the insurance and paid to do the search. tHEY NEED TO BE held TO thEIR CONTRACT JUST LIKE THEY WANT HOMEOWNERS TO DO.

It is the same old DO AS I SAY, NOT AS I DO.

It is FUNNY how polaticians who's ONLY job consists of making laws and wasting taxpayers money, are toughening bankruptcy laws, trying to bring back debtors prisons, demanding the taxpayers whom they are RAPING to be more responsible with their credit and bills...INSANITY!!!!