Posted on: 04th Oct, 2008 06:30 pm
after refinancing last year we were forced to use 2 title companies . we chose our own in florida but the mortgage broker said we could not close unless we used their title co in california. Nevertheless after paying for 2 title searches and robbed at the closing table we are in foreclosure i found out that i am not on the note so i was not aware till it was too late. I did sign the note with my now ex , the docs were redrawn and then post dated. The mortgage company does not have the same docs that we have and someone fuged my bosses name or so it appeaars on public records (mortgage) i have not told him about this so this could be a notary issue as well. We needed the money but feel i feel i lost my rights and cant find a copy of my note i signed A mortgage , final til, hud ect.
A mortgage company is not allowed to force you to use a particular title company to close your loan. There is even a federal form disclosure that is supposed to be sent to you within 3 days of application. Post dating is not allowed either. I would consult an attorney. I think you have something on the fact that they told you that you had to use that particular title company and at least have them turned in for a violation of federal RESPA law. Even if there is no monitary value in this, at least turn them in for what they have done. If not, this will keep happening to other people and the mortgage industry will continue to have these bad apples.
You may be able to bring suit to them but please speak with an attorney in the meantime. If you are not able to afford an attorney there may still be options of working this out. For example, if they are licensed by the state (which they probably are), complain to them and they in turn usually go to the offender to see what they will work out for a resolution for you.
You may be able to bring suit to them but please speak with an attorney in the meantime. If you are not able to afford an attorney there may still be options of working this out. For example, if they are licensed by the state (which they probably are), complain to them and they in turn usually go to the offender to see what they will work out for a resolution for you.