Posted on: 30th Aug, 2011 04:21 pm
HELLO I PURCHASE MY HOME 05/2003 FROM A PRIVATE PARTY CONTRACT FOR DEED PRIVATE PARTY SOLD MY LOAN TO A MORTGAGE COMPANY 06/2005 THEY IN TURN SOLD IT AGAIN WITH IN 30 DAYS ,, I HAVE BEEN PAYING THE MORTGAGE COMPANY FOR 6 YEARS I HAVE ASK THEM A DOZEN TIME TO RECORD MY MORTGAGE TO HOMESTEAD MY HOME FALLING ON DEAF EARS COME TO FIND OUT THAT MY NAME HAS NEVER BEEN ON THE DEED AND MORTGAGE HAS NEVER BEEN RECORDED IN THE 8 YRS I HAVE BEEN PAYING ,, I TALK TO THE MORTGAGE COMPANY AND FOUND OUT THEY HAVE NO PAPERS SIGN BY ME STATING I HAVE A MORTGAGE WITH THEM THAT'S WHY THEY CAN RECORD THE MORTGAGE IS THERE ANY LEGAL ACTION I CAN TAKE SINCE I HAVE BEEN PAYING THEM FOR 8 YRS AND NO ONE EVER RECORDED MY MORTGAGE BUT SOLD MY HOME 2 TIMES
Hi JMN,
If there is no proof of the mortgage with your lender, then you are not liable for paying the mortgage payments any further. You may file a lawsuit if you wish and get rid of the mortgage and can then own the property free and clear!!
Thanks
If there is no proof of the mortgage with your lender, then you are not liable for paying the mortgage payments any further. You may file a lawsuit if you wish and get rid of the mortgage and can then own the property free and clear!!
Thanks
First, look up RESPA, real estate settlement procedures act. Look for the "QWR" Qualified Written Request. Complete a QWR and send in to the bank who states you owe them money. In the QWR you want to be specific in your request, which should be to demand that the bank show you the promissory note that you signed, along with a copy of the mortgage documents you signed at closing. The bank has 21 day by law to respond. They have a total of 60 days to cure the request or tell you why your request is invalid. Once they have not responded, since they dont have the note, you would then go see a lawyer with your QWR and the response from the lender. You want to sue your lender and request that the court demand the promissory note, stating that you in fact are the obligor on the note. Good luck
