We are finding all kinds of flaws

[WilliamFL]

I posted my story yesterday after we found this site (in the tell my story forum). My husband is looking over our morgage today. We do not have signed copies with our signatures. We have copies that have no signatures. After we talked last night, we were trying to remember what we signed. We both remember signing blank papers and at the time the agents gave us some reason (we can't remember). There are no copies with signatures on our copies or blank pages. Is this normal?

We have found the disclosure of truth and lending statement. The interest rate and payments are much less ($70,000 less over the life of the loan).

We were told by the agent that there was a prepenalty of two years but our papers state 3 years. We thought we were locked in to two years at a fixed rate but our papers say that it will flucuate every 6 months.

Is this fishy???

Our sale date is set for Oct. 8th so we are looking into everything we can.
Thanks,
D. in FL

[WilliamFL]

Here is exactly what the truth-in-lending statement says that we signed on 10/4/05
Annual % Rate

[WilliamFL]

Try this again...Here is what the truth-in-lending statement says that we signed on 10/4/05
Annual % Rate 9.108%
Finance Charge 401,311.27
Amount Financed 198,898.75
Total Payments 600,210.02

24 Payments 1,303.88
335 Payments 1,693.20
1 Payment 1,694.90

The truth-in-lending form that we signed on 10/11/05 (but we do not have signed copies) stated...

Annual Percentage Rate 10.1663%
Finance Charge $472,222.06
Amount Financed 198,691.29
Total Payments 670,913.35

24 Payments 1,303.87
36 Payments 1,774.13
299 Payments 1,919.17
1 Payment 1,919.96

Can they do that?

[Moe Bedard]

D,

At closing your package contains copies of what you signed at the closing..........before you sign them........the packages are already made up so they will not have your signatures on them..........the paperwork that you will get that has original signatures consists of around 2-4 pages that vary by state........ it usually will include the HUD, the buyer's settlement statement, closing instructions, and a final affidavit.


If you want the actual signed copies of the documents from the closing, you would need to send a QWR to the customer service address of the servicer by certified mail, return receipt requested...............
click on the link for more information...........

Free Foreclosure Help, Stop Foreclosure, Short Sales - Loan Safe

They will have 20 business day to acknowledg in writing you request and 60 business days to respond.

[WilliamFL]

Thanks ***. That makes sense...I was comparing these documents to our prior morgage which we have copies with signatures. I am still wondering about the truth in lending statement differences.

[Moe Bedard]

You will have to have someone look at the document for you............without seeing the actual document...........I can't tell what it is that you see....

[WilliamFL]

I listed basically everything on it above in post #3. All the number are different and I know the market could have fluctuated in a 6 day period but does a $70,800.00 difference in the life of the loan usually occur. I'm just desperately looking at ever detail...we have no time because our house has a sale date of Oct. 8.

[Dan Bailey]

William, have you considered hiring an attorney with the date coming so close? They are trained to see things on those papers that we (normal people ) don't even think to look at.

[WilliamFL]

Yes and every attorney we've called so far are not accepting clients or booked. You're right...I know I have not a clue at what I'm looking at and we had put total faith in our broker to help us see through it. I hope we can find an affordable attorney and the date has me desperate. Does anyone know any good attorneys that work in real estate in FL?

I had no idea even what a subprime lender was and this site is very educating. I just wish I had found it sooner.

[faith]

Originally Posted by WilliamFL

Yes and every attorney we've called so far are not accepting clients or booked. You're right...I know I have not a clue at what I'm looking at and we had put total faith in our broker to help us see through it. I hope we can find an affordable attorney and the date has me desperate. Does anyone know any good attorneys that work in real estate in FL?

I had no idea even what a subprime lender was and this site is very educating. I just wish I had found it sooner.

William,
Then if you find someone that is licensed and no complaints, call them and ask for their fees, ask if they accept a pro bono case.

Good luck and God bless and take care.


Faith

[Dan Bailey]

William,
It needs to be a lawyer well versed in loan modification and in dealing with finding violations on original loan documents. Not necessarily in your state either. I am working with Paiva and Griswold in Cali, and I live in NC.

[faith]

Email: info@naca.net
Phone: (202) 452-1989
Fax: (202) 452-0099

About NACA – National Association of Consumer Advocates


I hope God will give you favor from all the people that will handle your home
situation.

God bless.

Faith

[WilliamFL]

Thank you all for all the information. I will be looking into an attorney tomorrow.
And Faith thank you for your prayers. I've been praying a lot and I'm hoping we will be led to the right people for our situation.
Thanks,
D.

[WilliamFL]

Update: We found an attorney today. They found that we were never served certain papers and those included papers telling us about our sale date. Some of the papers came through the regular mail. We will find out more on Wed.

We also noticed when we were looking at our morgage papers that we have different prepayment penalties on each truth-in-lending disclosure statements...one is 24 months and one is 36 months (they were both dated the same date). Now I know why we couldn't get them to refinance the loan at 24 months. Has anyone had this experience? Is that legal?

[HappyHome]

Hi WilliamFl Welcome to the SIte and after reading your QWR story and posts I wanted to say same here.. although bad times Have Kinda Forced me to do it Th e Other way around I am Walking away from my Home finding a Ne w Place to Live and Have already Hired an BK Attorney to help me Liquidate everything THEN somewhere in the Middle of This Having a Look Over of My QWR papers I ordered (have them here..) because I found ALOT of strange stuff (errors ..things Not matching up.. etc., etc.,)
I just wanted to wish You ALL The Best with everything and I will be trying to Get on here to read & see how you've done so I can learn, too.! I am hoping to get a good referral from my current atty for just this and will take whatever action necessary to have my mtg case looked into .. Wish I could do it all now and Be done with it but I have WAY too much on my plate to secure a place to live and just Keep food on table and all. (like so Many People who are struggling..) I am with you in Spirit and will Pray for you.
again Welcome and stay Strong~ HappyHome