i have been working on a mortg. modification for some time now. .finally around dec i couldnt see a rsolution and considered bankruptcy. after talking to an atty and getting all my bankruptcy papers in order i happen to be reading over my mortgage contract from the original lender(accreditted home lenders)the home is on 16 acres but the contract is for ten acres the land is separated into two parcels a 10 ac tract and 6 ac tract ,well i pulled up the tms # on the county website and the lender has the wrong tms # on the contract,so basically they financed a vacant ten acre parcel .my bank. atty said he was looking into it that its possible that i might own the home outright since they made the mistake. now im not trying to get my hopes up by all means i was only hoping to salvage some of the land since it wasnt supposed to be mortgaged .now the loan was bought from A.H.lenders by bank of america but i signed no other contracts and have my original. Does any one know if this gives me any leverage or has anyone heard of this scenario any feed back would be great. thank you
Acreage,
LOVE THIS ONE! AWESOME POST! Almost as important as the errors on the Mortgage! They sold your note to BOA! Tell them to PRODUCE THE NOTE!!!!!!!! Here is the deal on this now that there are errors and now that its sold.. There is a 90% chance they will not be able to produce the note. When they cannot produce that note have your attorney file on them for false information.
I really need to go right now if you want more information let me know I will try to post more information in a few hours.
Summit is absolutely right.
Definitely go over it with your attorney and make sure you have some solid footing.
Please let us know how this turns out.
Dennis
thank you for your input.I am talking to a bankruptcy atty, now do you think I should put it on hold and get involved with boa or should he be able to handle the matter. He did say it may become an unsecured loan,but didnt mention the note ,further more it was actually originated by accredditted then sold to countrywide then boa bought out countrywide. I looked on A.H.L. website last night and it said they had filed bankruptcy.Its hard not to get your hopes up but those do seem like major errors.should i hold off until my meeting with the bankruptcy atty next wed or should i be doing some leg work myself. Thanks so much for your help.
As long as you have a good attorney or Loss Mit company working on this everything should go in your Favor. If you don’t find one or you are in for a long haul!
Ok well that was the longest seven days ever but anyways , I met with the atty today they called me at two pm yesterday and asked if i would get a copy of the deed recorded at the court house so i picked one up, and of course it was the same as my mortgage contract except on the last page it had a page called schedule a which listed one tax map number on it. the atty wanted to speak with his boss/owner of the firm before making a decision to go forward with it . The problem I had was i pulled the entire deed up from the county website and the front page listed the ten acre parcel # on it only but it said at the top of the page it said see attached description which in return described the first parcel (but listed no tms #) 10 acres and then said (also) then described the other parcel5.98 ac ,but listed the 10 ac prcel # with it but all the documents 1-15 were signed and initialled by me and my wife except for the last page which was the description page. also the description page is in a totally different font than the entire contract.Also in my documents there is no description page at the end, and all pages are still stapled together.does this still sound like a case worth fighting over?? any input or questions would greatly be appreciated .
If your attorney thinks you have a case I would definitely fight this one, best of luck acreage!
Being that banks have you initial each page during closing, they will need to come up with a good excuse as to why it was not done and why different font like you mentioned in court. BUt be careful with the lawyer you pick Your better off paying as they go over give me $4000 and lets take care of it type.