Posted on: 01st Apr, 2009 12:48 pm
Countrywide has filed to foreclose. In the court papers we discovered that the mortgage was written on the wrong legal property discription AND they admit they have lost our mortgage papers. They have no original documents...they also filed against the person whose property is the legal discription on the mortgage. What can we do? What options might we have. They won't discuss short sell or turn in of deed.
Hi deanlindberg,
It is quite surprising to me that the mortgage company has lost your mortgage papers. I think you should contact a lawyer and discuss your options with him. He would be the best person to tell you what steps you need to take in this case.
Thanks
It is quite surprising to me that the mortgage company has lost your mortgage papers. I think you should contact a lawyer and discuss your options with him. He would be the best person to tell you what steps you need to take in this case.
Thanks
We did have a lawyer but they didn't seem to want to talk to him either. ur lawyer had check with all his lawyer buddies and none of them had ever come acroos this situation before. A mortgage specialist friend of ours said if they can't produce the original documents they have no case against us, she said that is why they transferred our account to some other company so they wouldn't take the hit on it.
"friend of ours" said..."they have no case." apparently, that must mean that whatever payments you had made prior to the current action went to neverneverland.
i always caution people to be careful when considering information received from "friends." often the knowledge they have is just enough to cause you enormous trouble.
your lawyer needs to press countrywide's buttons to get them to talk to him, and get this all straightened out. believe me, if you have your mortgage with countrywide and you are not paying it based on the terms of the note, they do have a case. they may have to withdraw what they've done and redo it, but you've already stated that somewhere "your" mortgage papers are available.
it doesn't say much for countrywide's lawyers to find that you know they lost your mortgage papers, though.
i always caution people to be careful when considering information received from "friends." often the knowledge they have is just enough to cause you enormous trouble.
your lawyer needs to press countrywide's buttons to get them to talk to him, and get this all straightened out. believe me, if you have your mortgage with countrywide and you are not paying it based on the terms of the note, they do have a case. they may have to withdraw what they've done and redo it, but you've already stated that somewhere "your" mortgage papers are available.
it doesn't say much for countrywide's lawyers to find that you know they lost your mortgage papers, though.
