my mortgage company has incorrect loan documents on file. they won’t respond. What do I do.?

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It was several months before I realized what was happening, but they have been changing my rate for months. Which has driven me deeper and deeper in the hole. I have the original documents, but I all get from them is we’re researching it. Even though I have paid them a large sum to “hold off foreclosure” while we resolve this issue, they filed anyway this week. This was the result of the original lender who’s first documents were wrong (I refused them) they apologized for the incorrect documents, sent me the correct ones, which is what I signed. Now when they sold the loan to the next guys, they stilled had a copy of the wrong docs in my file, which is where they came from for this company. I need some advice

6 Comments
  1. Reply
    Angie
    February 18, 2011 at 5:17 pm

    This is serious business. Hopefully you had a lawyer at the time you bought the house. If not, get one. Try to see if he/she can get this cleared up. You don’t want to go into foreclosure if you can avoid it.

  2. Reply
    Roro
    February 18, 2011 at 5:18 pm

    you should call them to check the file

  3. Reply
    I_Love_McRedneck
    February 18, 2011 at 6:11 pm

    Contact a lawyer.
    They don’t WANT to foreclose, but a lawyer might actually light a fire under their bums to get things cleared up.
    Make sure they fix the damage they’ve done to your credit report.
    Your story sounds strange, I’ve never heard of this happening before.

  4. Reply
    MeInUSA
    February 18, 2011 at 6:12 pm

    Contact an ATTORNEY immediately otherwise they will TAKE YOUR HOME! Spend the money for the attorney .. it will be worth it in the long run!

  5. Reply
    Othniel
    February 18, 2011 at 6:54 pm

    Hire a real estate attorney. You are too far along to get a solution without losing your house. The lender will pay attention to an attorney whereas they are not listening to you. Make sure the attorney you hire has experience in this sort of thing — get some recommendations from people that use real estate attorneys frequently.

  6. Reply
    Flyby
    February 18, 2011 at 7:39 pm

    It sounds to me as though you have a variable interest rate loan. I would consult with a lawyer ASAP. Since they have filed to foreclose, you don’t have much time. A lawyer could file a motion with the court to stop foreclosure. It may not stop it, but could delay action. It could buy some time to get to the bottom of this situation. Your attorney could also file for discovery which would force them to furnish any and all documents related to your loan.

    You could send them a certified letter and include the loan documents you signed. I would also send a certified letter to the original lender and enclose a copy of your documents. You could inform them that you are in the process of losing your home from false documents sent to the new lender. You could also tell them that you expect them to get this resolved immediately and you will hold them personally responsible. I believe that an attorney would be the first step. He could best advise you as to your rights and how best to proceed.

    There is one other thing you might be able to do. You may find a lender who will buy the loan from your current lender. Make sure you get a fixed interest rate. Good luck.

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