Help with Mortgage Loan!!!!?

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So I closed my house (Nevada) in the first few days of this month. Because I am stationed else where I had to use a POA. Which my mortgage broker made me send directly to him. We had made arrangements the POA was NOT to get the documents as they were just a signature and they were supposed to be sent to me.

let me tell you thats not how it went. The POA got the documents and it took me almost 18 days of tracking everyone down and begging for a copy to actually get MY closing documents. when i finally got them they had signed some things in my husbands name illegally (he had no POA and he didnt sign them)

also half the documents were for a owner occupied and half were for investment property. since we are stationed else were the loan had to be investment or thats what i was told. when i looked at the documents they were SOOOOO Wrong (aside from the unauthorized signatures)

here are some of the errors:
In section 6 Occupancy it states:
That the borrower shall occupy, establish and use the property as the borrower’s principal residence within 60 days after execution and shall continue to occupy as the principal residence for at least one year after the date of occupancy.
This home was purchased as an investment property. I see in section E. of the 1–4 Family Rider where it states Section 6 concerning the borrower’s occupancy is deleted. But the occupancy requirements are also scattered an a handful of pages through-out the rest of the documents. Including the Post Closing Occupancy inspection Acknowledgement. That says that we will occupy the residence in 90 days of closing.

On the Grant Deed. I see where it was changed from Husband and Wife as Joint Tenants to a married woman as her sole and separate property. However the top section where it says And when recorded mail to: and mail tax statement to:
Mr Grof
Mrs. Grofica
123 home address street
city, state 12345

On the QuitClaim Deed that was signed 6 January 2010… “By (Husband) POA” There is no POA for (Husband). I am not sure why someone gave (POA) the documents to sign when no POA was given. Since the POA’s were requested to be given to the Mortgage Company she would have had no knowledge if all the documents were in order other then what was told to her. And how a notary public certified this when there was no POA?

Also, the general provision page was signed by POA for (Husband)… This is also an invalid signature.

The Settlement statement in section D it says Name and Address of Borrower. My address is missing.

Federal Truth and Lending Disclosure Statement my address is wrong.

On the W9 my address is wrong.

On the 4506 my last name is wrong in box 1A in box 3 my address is wrong. Also the telephone number is missing. (should be maiden name since that is how i filed that year)

On the 4506-T my last name is wrong in box 1A in box 3 my address is wrong. Also the telephone number is missing. (should be maiden name since that is how i filed that year)

On the tax information Authorization form my address is wrong.

On the mailing address verification form my address is missing.

On the borrower Quality control release the SSN is missing.

On all three of the Social Security administration authorization for SSN Verification the date of birth is missing. Also my address is incorrect on this form.

The first payment for the house is due to the mortgage company and then he said that whenever they sold the loan to an investor a cupon book would be sent to the house that was purchased as an investement property… and then he said it would be sent to my base. and then he said he could PROBABLY email me with the info.

and just to top it off I have spent the last week trying to get ahold of the home owners assocation to find out when and where i make my payments but they dont return phone calls, emails, or faxes….

so my question is what rights do i have… what can i do cause there are some serious problems here. at this point in the game i am so sick of the house i dont even want it anymore.
wizjp:

I emailed them to let them know (in writing) what was wrong and all they said was that MOST of it is the concern of the lender $ and that just send the correct address and they will update.

i am still mad they gave out my entire closing papers to the POA holder even when instructed not to and i am still cant believe they signed my hubby’s name without a POA.

my home loan was sold to them about two months after i got it . I have a first and second, and have been with them for two years, my rate adjusted in october, and will continue to rise every six months-i can no longer afford it. i went to nevada fair housing assoc. and they wrote up a proposal for me but i haven’t heard anything-that was 2 months ago. my credit score is 620, i don’t think i can refinance back to a 7.5 rate, which is what need to stay in the home.

3 Comments
  1. Reply
    wizjp
    February 5, 2011 at 9:46 pm

    uh….I’d hand the whole mess to a real estate lawyer and advise the title company that closed the deal that they would be getting a bill.

    Hopefully you got owners title insurance; the policy underwriter might also fix and pay for some of this mess.

  2. Reply
    Hayley
    February 5, 2011 at 10:08 pm

    If you are making payments on time .. you need to call them asap.. tehy should be able to hold the current rate or the rate before it changed. Didnt GW bush just sign a new law about this?

    If you are not ontime , pay something and get caught up.. either way just contact them,, if it will end up being a hardship with the increase they will msot likely work with you … it will be fine but call asap .. do not wait!

  3. Reply
    operababe_61
    February 5, 2011 at 10:13 pm

    Banks don’t seem to be very excited about doing loan modifications. Even though it’s not in their best interest to foreclose on the home, I bet there are many more foreclosures each day than there are loan modifications. I’ve got a lot of foreclosures for sale (I’m a Realtor) that were from HSBC so I’m guessing the answer is no.

    Have you considered a short sale?

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