Results 1 to 7 of 7
  1. #1
    Join Date
    Nov 2009
    Posts
    5

    Default My Mortgage Company Can't Find the Loan Documents

    My question involves a mortgage in the state of: Colorado

    Possibly this is a common issue these days, I am not sure but most of mortgage closing papers are missing.

    I never recived a copy of any papers after the closing in 2005. also at that time they cheated me and caused me an extra $500.00 per month payment at the last minute of the closing.

    Since then I have been trying to recive a copy, I have asked several times through the years. The only papers that they have ever been able to send is 15 pages of an incomplete deed of trust. I say incomplete because they have for the last 2 years been trying to get me to sign permision for them to amend re-make, and or re-file. (the deed of trust is missing the legal discription). (it was 3 years from time of closing to the time they asked me to help them find the missing papers)

    My mortgage was just sold again last year Country Wide sold to Bank of America.

    I thought that since they just sold that they could now produce a copy of my closing papers so I called them and asked for all of the documents. They said that they could send the deed of trus but it would take 12 days and they will get me the NOTE, APRAISAL, and thev rest of the LOAN information.

    I replied yes that is what I have been asking for.

    Yesterday they emailed me and said that they have a problem and it will take them more time. (but they sent a bill for their work).
    What should I do next
    thank you

  2. #2
    Join Date
    Nov 2009
    Posts
    5

    Default If They Do Not Have Loan Papers

    I looked at some other loan documents from a different house I bought.

    It states monthly payment intrest rate, term of loan,and a whole bunch of stuff about default.

    So if they have no loan doc I do not have to pay, they can not forclose, and I could get it of my credit report. (correct ¿)

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    74,387

    Default Re: My Mortgage Company Can't Find the Loan Documents

    Consult a local real estate lawyer about their possible violation of state or federal law at closing with the "bait and switch" (a lot of unethical lenders have done that in the past; legal protections have improved since your closing and the passage of time isn't your friend, but it's worth checking), and what you may be able to negotiate in terms of formalizing the terms of your mortgage in an acceptable, replacement loan contract if in fact no copy of the original documents can be located. Granted, they may be able to locate the originals.

  4. #4
    Join Date
    Nov 2009
    Posts
    5

    Default Re-Clarifying, Loan Documents Don't Exsist

    Colorado is my state: sorry to be so wordy but it seem that is the only way

    I have tried from 2005 through presently to receive a complete copy of (ALL the PAPERS I SIGNED at closing) e.g.: note, loan docs, appraisal, HUD, deed of trust,,, ect...

    Through the years I have received several cover letters of apology, from my Mortgage lender for not being able to serve me and provide the documents that I ask for, additionally included are suggestions of where I might try to find them, court recorder office, Title Company, closing agent, appraiser’s office. I went to the clerk recorder’s office, also the Title Company, the closing agent is the title company, and the appraiser’s office does not store document from closings, and nobody has them.

    The papers do not seem to exist there is nothing but an incomplete deed of trust (missing legal description exhibit A).

    Locally the lawyers are scary they all play golf together and all is determined what will be done in private.

    I seem to have no choice but to learn what to do by myself; if I can find counsel that would make me very happy
    I have spent 2 days on the telephone and online looking outside of town. I was not impressed with what I found except for 1 firm which a junior partner sounded very promising but when contacting the chief of the firm he seemed that it would be a conflict of interest.

    I have been told buy my Mortgage Company that I am eligible for renegotiation of my loan, and then they say that I am not and if I miss just 1 payment that they will begin foreclosure.

    I have found the (SHOW ME THE NOTE) online however that seems to be missing something.

    I went today to our local circuit court and they said that I could use a COMPLAINT SUMMONS to bring them to court to try and produce the documents. While reading this it seems that possibly they must be served by an independent party. Would this be correct?

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    74,387

    Default Re: Re-Clarifying, Loan Documents Don't Exsist

    If you want to file a lawsuit and serve it on somebody, you cannot personally be the process server.

  6. #6
    Join Date
    Nov 2009
    Posts
    5

    Default Re: My Mortgage Company Can't Find the Loan Documents

    can Fedex deliver it and get a signiture or do you need to hire a private individual to deliver it.

  7. #7
    Join Date
    Dec 2009
    Posts
    2

    Default Re: My Mortgage Company Can't Find the Loan Documents

    Let me tell you Countrywide tried to do the same thing to me as they are doing to you now. Ameriquest originally funded my 1st mortgage in 2004 and sold it to Countrywide 1 month after closing. In 2008, I suspected there were errors with my closing documents after learning more and more about mortgage fraud so I sent an email to Countrywide requesting the the complete 1st mortgage closing package. Countrywide in turn emailed me back in October of last year advising me only certain documents were available and the rest could not be found. After learing about RESPA requests, I sent the following letter:

    August 31, 2009


    Bank of America Home Loans
    Attn: Correspondence Unit
    SV-314B
    P.O. Box 5170
    Simi Valley, CA 93062-5170
    Via Fax: 1.805.520.5019

    Re: (Insert your name here)

    Fed Ex Tracking #: (Enter Fed Ex or UPS tracking # here)

    Loan # XXXXXXXX

    Property: 5525 N. Winthrop Avenue; Apt. 202; Chicago, IL 60640

    Dear Sir/Madam:

    Please treat this letter as a qualified written request under the Real Estate Settlement and Procedure Act (section 2605(e).

    I am the owner of the property noted above. It is my belief that my 1st mortgage loan contains RESPA, Truth in Lending, Regulatory, Federal, State, and Local violations that warrant a forensic audit before you file foreclosure proceedings against me.

    In order for my auditor to complete his review, I am requesting you provide me the following documents from my file:

    •Application (Form 1003, Original & all documents submitted on my behalf used for underwriting decision)
    •Promissory Note or Line of Credit Agreement and any riders or addendums
    •Rate Lock Agreement
    •Truth in Lending Disclosure (final, including itemization of amount financed)
    •Notice of Right of Rescission or Right to Cancel
    •HUD-1/1A Settlement Statement (Final)
    •Affiliated Business Arrangement Disclosures
    •Mortgage Insurance Certificate
    •Underwriting and Transmittal Summary (Form 1008)
    •Copy of Appraisal
    •HUD/VA Addendum to Uniform Residential Loan Application
    •Deed of Trust/Mortgage and any riders or addendums
    •Good Faith Estimate
    •Evidence of Insurance
    •Closing Instructions/Letter to Settlement Agent

    If you have any questions regarding this matter, please forward them to me in writing to mailing address: (My address was inserted here)

    Thank you for your time and I look forward to receiving my documents requested above.

    Sincerely,




    Amzingly, after sending this letter via fax and Fed Ex, I received my COMPLETE closing package which contained everything I asked for and MORE. What's funny is the documents my broker submitted on my behalf to Ameriquest for the underwriting decision were not even signed by me. That's right they were not the original documents I signed. Apparently, someone else signed my name to REVISED documents that were submitted to the lender (my guess the broker did it) for the approval. Because of this, I submitted ANOTHER RESPA request to Countrywide and now getting them to pay for a forensic audit at their costs because I am now claiming mortgage fraud (also submitted a statement to the Bank of America fraud dept). Trust me, submit your RESPA request as I did above and REVIEW EVERY DOCUMENT YOU RECEIVE CAREFULLY and if you find anything funny hit them hard with it. Just this past weekend I received a voicemail from my Rep in the Office of the President advising me they are waiving all past missed payments, as well as, late fee's. They have no choice illeagal activity was done and they have been ignoring me for close to a year.

    Good luck!

    Send this letter to Countrywide and request the owner of the note. If they do not respond you can counter sue them in court for failure to respond to RESPA request. BTW, they must acknowledge your letter in 20 days (I believe) and resolve the issue within 60 business days. If they don't, counter sue them in foreclosure court. Get them to settle that's the key and I strongly suggest you get a foreclosure attorney. But, before you do this at least make an effort to get the documents.


    August 31, 2009

    Bank of America Home Loans
    Attn: Correspondence Unit
    SV-314B
    P.O. Box 5170
    Simi Valley, CA 93062-5170
    Via Fax: 1.805.520.5019

    Fed Ex Tracking #: (Enter tracking # here)

    Re: Thomas P. Vlasic

    Loan # 35263252

    Property: 5525 N. Winthrop Avenue; Apt. 202; Chicago, IL 60640

    Dear Sir/Madam:
    Please treat this letter as a qualified written request under the Real Estate Settlement and Procedure Act (section 2605(e).

    I am the owner of the property noted above. It is my belief that your Loss Mitigation Department prejudiced me and failed to offer me reasonable terms for a mortgage modification on both my 1st and 2nd mortgages AFTER I showed them proof that my 2nd mortgage was flawed.

    Pursuant to 15 U.S.C. §1641 (f)(2), I am requesting the name, address and telephone number of the owner/note holder/beneficiary/master servicer of the obligation listed above so I may contact them directly before foreclosure proceedings are filed against me.

    If you have any questions regarding this matter, please forward them to me in writing to mailing address: (Insert your address here)

    Thank you for your time and I look forward to hearing from you.

    Sincerely,


    This is what I received from Countrywide initially advising me that all of my records were no longer available. Trust me, THEY ARE available. You just have to know how to ask for them and they cannot refuse a RESPA request if you have a good reason.

    From: "ServicingNotify@Countrywide.com" <ServicingNotify@Countrywide.com>Add sender to ContactsTo: XXXXXXXXX@yahoo.comAccount No:XXXXXXXXX

    (My address was listed here)

    Dear XXXXXX XXXXXX:

    Thank you for your recent contact regarding your request to provide loan document(s). Unfortunately, we have been unable to complete this request. The following portion of your request has already been fulfilled: Appraisal/Value Determination, Deed of Trust/Mortgage, Note/Installment Contract, Settlement Statement (HUD1). The remaining document(s) cannot be provided. You may be able to obtain the document(s) from your closing agent or title company.

    At this time we are no longer pursuing this matter.

    1. Sponsored Links
       

Similar Threads

  1. Divorce: Where to Find Divorce Documents
    By tpatusa in forum Divorce, Annulment and Separation
    Replies: 6
    Last Post: 08-18-2011, 05:57 PM
  2. Foreclosure: Mortgage Company Cancelled My Loan Modification
    By mhurst3256 in forum Real Estate Finance
    Replies: 2
    Last Post: 03-01-2011, 01:03 PM
  3. Hiring: How to Find Out How a Company Runs a Background Check What Company They Use
    By vigilantex69 in forum Application, Hiring and Promotion
    Replies: 3
    Last Post: 06-18-2010, 08:26 AM
  4. Mortgages: Mortgage Documents Not Signed by Me
    By tomvlasic in forum Real Estate Finance
    Replies: 1
    Last Post: 12-14-2009, 06:08 PM
  5. J Visas: Do Certificate of Completions Documents Vary from Company to Company
    By cyberEgor in forum Education and Training
    Replies: 1
    Last Post: 11-02-2009, 09:12 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Real Estate Forms
Real estate forms and contracts, state specific, immediate download.




Untitled Document